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< 5 , 


THE LAW 


GOVERNING 


TOWNSHIP OFFICERS 


A COMPILATION OF THE LAWS 
GOVERNING 

% 

Trustees, Superintendents and Road Masters, 


DEFINING THEIR 



POWERS. DUTIES AND LIABILITIES. 


J. 


By Thomas M. Clarke, A. M. 

it 

OF SHOALS BAR. 




INDIANAPOLIS: 

WM. B. BURFORD, PRINTER AND BINDER. 
1882 . 


ibs: 
r 




No. 















Entered according to Act of Congress, in the year 1882, 

By WM. B. BURFOKD, 

In the Office of the Librarian of Congress, at Washington, D. C. 


\ 






INTRODUCTION. 


The law defining the duties of Township Trustee is 
complicated. Almost every legislature that has met in 
the State of Indiana for the last twenty years, has seen 
proper to make some modification or change in it. The 
statutes as revised by Messrs. Gavin & Hord, and 
later by Mr. Davis, have done much towards collecting 
the scattered fragments, and by judicious arrangement 
and indexing, made them accessible. But whether 
even these gentlemen, with all their labor and care 
bestowed upon the task, have succeeded in collecting 
all of these scattered fragments, eliminating such por¬ 
tions as have from time to time been amended or re¬ 
pealed, and retaining such, and only such as are in 
force, may well be doubted. 

Parts of the Trustee’s duties, especially those relating 
to schools and school property, depending as they do 
upon laws, which it seems every legislature regards it 
of as much importance to amend as it is to pass an 
appropriation bill, we have found it no easy task to 
define. 



4 


INTRODUCTION. 


Some of the laws are contradictory in terms, while in 
others ambiguous language is used. Some of these 
contradictions have been settled by the Supreme Court 
while some of the ambiguities have been construed by 
the opinions rendered thereon from time to time by 
attorneys general, and superintendents of public instruc¬ 
tion; but these authorities only settled such points as 
were submitted to them, and, consequently, many of 
these contradictions and ambiguities remain as they fell 
from the hands of the legislature. 

We have received more substantial aid and more satis¬ 
factory information than from all other sources combined 
in our effort to bring order out of confusion, from the 
invaluable commentary of Ex-Superintendent Smart 
upon the school law, which, by the way, should be in 
the hands of every school officer and teacher in the State. 

We have endeavored to so arrange the work, that 
the trustee may be able to learn “ to discharge his duties 
according to law” with credit and safety to himself and 
his township, without compelling him to spend the first 
half year of his term in search of law, diffused through 
some twenty or more volumes, and which the chances 
are against his finding at all, occupying more of his 
time than he can, at his small salary, afford to bestow. 

The duties and liabilities of Township Superintendent 
and Road Master are briefly stated. The law governing 
their duties is new, and it is upon its trial; and the 
duties of these officers may be regarded as an experi¬ 
ment. They are driven to the naked law for a guide. 
They can learn nothing from precedent. 

We have endeavored to shape the work to meet the 
wants of the parties for whose benefit it has been pre¬ 
pared. Trustees, Township Superintendents and Road 
Masters are usually selected from that class of men who 


INTRODUCTION. 


5 

are distinguished rather for their honesty, integrity and 
practical, good sense, than for any clerical or profes¬ 
sional culture or training; and who have neither the 
time, patience nor taste for reading any more law litera¬ 
ture than the necessities of the case require. 

To the compilation is appended some supreme court 
decisions, and extracts from statutes, defining and con¬ 
taining the law. To which is added a carefully prepared 
index. 

The work is arranged by topics and indexed in the 
same way. 








































































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TOWNSHIP TRUSTEE. 


HOW AND WHEN ELECTED. 

It is provided by act approved April 21, 1881, sec¬ 
tion 57, that an election shall be held in each township 
of each county in this State, on the first Monday in 
April, 1882, and every second year thereafter for the 
purpose of electing Township Trustees, and other 
township officers. Acta 1881, p. 495; R. S. sec. 4735. 

The Township Trustee shall hold his office for a term 
of two years, and until his successor is elected and 
qualified. Acts 1877, 58; R. S. sec. 5991. 

Before entering upon his duties he shall take an oath 
or affirmation, before some person authorized to admin¬ 
ister the same, for the faithful performance of his duties, 
and execute a bond payable to the State of Indiana 
with at least two freehold sureties, in a penalty not less 
than double the amount of money which may come into 
his hands at any time during his term of office, to the 
acceptance and approval of the County Auditor. R. 
S. sec. 5991. 

The bond should be acknowledged before some officer 
authorized to take acknowledgments of deeds. 1 R. S. 
187b, 195. 

The official oath or affirmation of the Trustee should 
be in writing, endorsed upon the certificate of his elec- 


8 


TOWNSHIP OFFICERS. 


tion and signed by him, and certified to by the officer 
before whom the same is taken, who shall also deliver 
to such Trustee a certified copy of the same. 1 R. S. 
189. 

The oath may be in the following form: 


STATE OF INDIANA,! 

Vss: 

County of- J 

I, A B, swear that I will support the constitution of 
the United States, the constitution of the State of Ind¬ 
iana, and. faithfully and impartially discharge my duties 

as Trustee of-township of the county of-, 

according to law. So help me God. 

A B. 


Subscribed and sworn to before me this-day of 

-, 188— 


C D, Clerk. 


The bond and official oath or affirmation, shall be 
filed with the County Auditor. 1 R. S. 189. The 
approval of the bond shall be in writing and signed 
officially by the Auditor. Id. 


VACANCIES, HOW FILLED. 

A vacancy in the office of Township Trustee shall be 
filled by the Board doing county business, in term time, 
or by the County Auditor in vacation; and every Trus¬ 
tee so appointed shall continue in office until his suc¬ 
cessor is elected and qualified. 1 R. S. 901. 

A later law gives the power exclusively to the County 
Auditor. 1 R. S. 1876, 781, sec. 6. 

The appointment, whether made by the Board of 
Commissioners in term time, or the Auditor in vacation, 







VACANCIES-DUTIES. 


should he entered upon the record of the Board of 
County Commissioners, and a copy thereof, certified 
under the seal of the Board of Commissioners by the 
Auditor, he delivered to the person appointed. The 
official oath or affirmation should be endorsed upon 
this certificate. 5 Blkf. 325; 3 Ind. 497; 10 Ind. 358. 

Neither the Board of Commissioners nor Auditor 
can make an appointment in anticipation of a vacancy. 
3 Blkf. 158. As to what constitutes a vacancy see 2 
Ind. 496; 38 Ind. 483. 

Holding office until a successor is elected and quali¬ 
fied, requires that the successor shall be elected at the 
first election after the appointment or election of such 
officer, and that the successor shall qualify within ten 
days from the date of his receiving his certificate of 
election or appointment. 1 R. S. 922; 6 Ind. 496; 7 
Ind. 204; Acts 1877, 59. 

No person shall be eligible to the office of Township 
Trustee more than two terms of two years each in suc¬ 
cession, or more than four years in a period of six years. 
Acts of Spec. Sess. 1877, 79; R. S. sqc. 5992. If a 
Township Trustee is re-elected he must give a new 
bond. Com. Ex. Sup. Smart, 29. 

TuWNSHIP trustee’s DUTIES. 

Every township and incorporated town in the S^ite 
forms two distinct corporations—a corporation for civil 
purposes, and another for school purposes. R. S. sec. 
4438. 

The civil township is laid off, named, and the bound¬ 
ary thereof defined by the Board of Commissioners. 
The description of the boundaries of such townships 
shall he entered by the Auditor, at full length upon the 


10 


TOWNSHIP OFFICERS. 


records of sucli board, as also, all alterations in such 
boundaries and all new additional townships which 
may be formed. The township thus formed is by 
statute declared to be a body politic and corporate, by 

the name and style of-township, of-county,. 

according to the name of the township and county in. 
which the same may be organized, and by such name,, 
may contract and be contracted with, sue and be sued 
in any court having competent jurisdiction. It. S. 5987- 

A congressional township is a legal division of terri¬ 
tory formed by the government surveys, and is six 
miles square, containing thirty-six sections or thirty- 
six square miles. It may or may not form a civil town¬ 
ship. The civil township may and frequently does con¬ 
tain parts of several congressional townships. A civil 
township is a public corporation. 8 Ind. 504; 46 Ind. 
580; 26 Ind. 487. While a congressional township is- 
a private corporation. 6 Ind. 83. 

Each civil township and each incorporated town or 
city in the several counties in the State is declared by 
statute to be a distinct municipal corporation for school 
purposes, by the name or style of the civil township, 
town or city corporation, respectively, and by such 
name may contract and be contracted with, sue and be 
sued in any court having competent jurisdiction, and 
the Trustee of such civil township shall be school trus¬ 
tee, and perform the duties of clerk and treasurer for 
school purposes. R. S. sec. 4437. The common council 
of each city and the board of trustees of each incorpor¬ 
ated town of this State, at their first regular meeting in 
the month of June, shall elect School Trustees for such 
city or town. Id. sec. 4439. 

While the boundaries of the civil township, town or 
city are definitely marked, the school township, town 




DUTIES—TRUSTEE—RECORD. 


11 


or city may be enlarged or diminished by transfers for 
school purposes to or from it. The party transferred 
from one civil township to another or even from one 
•county to another for school purposes, carries with him 
all the rights and responsibilities held by him in the 
corporation from which he was transferred. R. S. 
sec. 4474. 


AS TRUSTEE OF THE CIVIL TOWNSHIP. 

By the recent legislation in this State the duties of 
the Trustee have been greatly abridged. His township 
is no longer subdivided into road districts. The office 
of Supervisor has been abolished. He has no longer 
charge of the road funds, or property or implements 
used for the repair of highways. Acts 1881, p. 538, 
sec. 13; R. S. sec. 5993. 

TOWNSHIP RECORD. 

The first and most important duty of the Trustee is 
to keep a true record of his official proceedings. His 
record is the only evidence by which the doing or leav¬ 
ing undone of any official act or duty can be proved. 
3 Ind. 497. 

The people of his township have the right to know 
everything he does as such Trustee, and the only way 
that can be done satisfactorily, is for the Trustee to 
keep a full, true and complete record of all his official 
acts. 

It is his duty and privilege under the statute to pro¬ 
vide, at the expense of his township, a suitable book in 
which to keep such record. R. S. sec. 6002. This book 
becomes a public record, and is subject to the inspection 
of the people of his township, of the County Superin- 


12 


TOWNSHIP OFFICERS. 


tendent, and Board of County Commissioners. R. S. 
sec. 6001. And shall at the expiration of his term of 
office he delivered to his successor. Id. 

TOWNSHIP FUNDS. 

As trustee of the civil township the only funds which 
come into his hands as such Trustee, are known as 
Township Funds. On the receipt of any public fund 
he should open a regular debit and credit account upon 
his books, showing when and from what source he 
received each item of the same, also showing, when, to 
whom and for what purpose each item of disbursement 
was made, being careful to secure a receipt or voucher 
for all moneys paid out. R. S. sec. 5998. 

The statute declares it to be the trustee’s duty— u To 
receive all moneys belonging to the township, and pay 
the same out according to law, as right and justice shall 
require.” R. S. sec. 5993. 

What u right and justice shall require” is a matter 
left to the sound discretion of the Trustee, hut it must 
he done according to law. In other words the dis¬ 
bursements must be made for such purposes and such 
only as the law warrants, and for which such fund was 
raised. He may not use township funds for the erec¬ 
tion of school houses, the purchase of school apparatus, 
or payment of school teachers. This may seem techni¬ 
cal, hut our Supreme Court in the case of Robison v. 
The State, 60 Ind. 27, declares it to be the spirit of the 
law. They declare “that if a Township Trustee pays 
out money belonging to one fund in his hand on claims 
or charges against another fund, he is guilty of conver¬ 
sion of the money thus paid out, and of a breach of 
his official bond. This conversion may prove to he an 


FUNDS. 


13 


absolute defalcation or only a technical breach of the 
Trustee’s bond, dependent upon the subsequent conduct 
of the Trustee in relation to the reimbursement of 
the fund thus directed.” It is unsafe practice for a 
Trustee to use one fund for the payment of claims or 
demands against another fund. While there may be 
nothing intentionally wrong about it, he renders him¬ 
self liable to a suit on his official bond, and subject to 
at least nominal damages and costs. Id. 

When funds of the township are received by the 
Township Trustee, he is responsible for them on his 
official bond, and no casualty, accident or circumstance 
will relieve him of that responsibility save the absolute 
disbursement or disposal of the same according to law. 
Inglis v. The State, 51 Ind. 219. The Supreme Court 
says in this case: “ The Trustee was liable for the money 
to the township, although he may have made the de¬ 
posit in good faith, acting with ordinary prudence, and 
although he may have lost the money by the insolvency 
of the bank, without any negligence’ or want of care 
on his part. He was not a mere bailee of the money; 
but he became bound by his bond to the township for 
it, whatever casualty might have happened to him 
whereby he lost it. It may be observed that neither 
the advice nor direction of either the Superintendent 
of Public Instruction, the School Examiner, or the 
Board of Commissioners of the County, as to the de¬ 
posit of the money, could discharge Inglis from his 
liability to the township for it. The Trustee had the 
custody and control of the money, and it was for him, 
and him alone, to determine where and in what manner 
it should be kept.” Id. 

The separate and distinct* character of the funds 
belonging to each of the township corporations (civil 


14 


TOWNSHIP OFFICERS. 


and school) has been fully recognized by the Supreme 
Court. 56 Ind. 157; 55 Ind. 7. The Trustee is not the 
bailee of the money in his hands as such Trustee. The 
title to the money is in himself, and he owes the amount 
of such money to the township. Rock v. Stringer, 36 
Ind. 347. The Trustee may deposit the money, loan it, 
or use it in his own private business, provided he is 
always able to meet and pay any just demand against 
his township upon the fund so disposed of. But should 
a just demand against such fund be presented while the 
money was loaned or in his own private business, and 
such Trustee fail to pay the same if it is demanded he 
would be liable. The loaning or the use of the money 
would be a conversion, and the Trustee would be respon¬ 
sible on his bond. 56 Ind. 271. The interest accruing 
on money loaned may be disposed of as any other 
private fund of the Trustee, the township has no claim 
upon it. Id. A failure to pay any just demand against 
a township when the trustee is chargeable with funds 
sufficient of the proper kind to pay the same, is a viola¬ 
tion of the criminal law of the State, and the Trustee 
may be charged and convicted of embezzlement. Acts 
1881, page 185, sec. 51; R. S. sec. 1943. 


APPLICATION OF THE TOWNSHIP FUNDS. 

* 

The Township Trustee shall be allowed for his ser¬ 
vices as Trustee, a reasonable compensation, as the 
Board of Commissioners may deem just, not to exceed 
two dollars per day. Acts of 1879, 142; R. S. sec. 6009. 

This allowance shall be made at the time of annual 
settlement, at the March term of the Board of Commis¬ 
sioners, between the Board and Trustee, and at the final 


FUNDS. 


15 


settlement of the Trustee, on retiring from office, on an 
itemized statement made, and verified by the Trustee. 
It is allowed as a voucher, as so much of and against 
the township fund. R. S. sec. 5098. 

The time, however, of the Trustee which is employed 
as overseer of the poor, is not chargeable to the town¬ 
ship fund. He is paid for such services out of the 
County Treasury from any funds not otherwise appro¬ 
priated. R. S. sec. 6009. The act of 1852, cited above, 
limited the pay of the Trustee to one dollar per day 
for services as overseer of the poor, but the act of 
1879, known as the fee and salary bill, while it set the 
per diem of the Trustee at two dollars per day, vice 
two dollars and fifty cents, under former laws, it gives 
him two dollars per day, vice one dollar for each day’s 
service as overseer of the poor. Id. 

The expenses of elections, shall be paid by the Trus¬ 
tee out of the township funds, including ballot boxes, 
meals and per diem of the Board as well as per diem of 
inspector or judge as a member of Board of Canvassers. 
Act approved April 21,1881, governing elections. But 
for the meals so furnished the Election Board, the Trus¬ 
tee shall be allowed and paid by the County Board, the 
actual cost of such meals in their next regular account. 
Id. sec. 31, p. 489. 

In all suits in which the township is a party, and in 
the judgment of the Trustee, the services of a lawyer 
are necessary to protect the interest, of his township, he 
shall employ one, and pay him for such services out of 
the township funds. 1 R. S. 1876, 902. 

When the lands of any person have been injured by 
dams, drains or ditches cut or constructed thereon, or 
gravel, stone, earth or timber removed therefrom, in the 
construction or repairing of highways, the damages 


16 


TOWNSHIP OFFICERS. 


when properly assessed, shall be paid by the Trustee 
out of the township fund. Acts 1881, 541; R. S. sec. 
5083. 

LEVY OF TOWNSHIP TAX. 

At the June session of the Board of County Com¬ 
missioners, it is made the duty of the Township Trus¬ 
tee, with the advice and concurrence of the Board of 
Commissioners, to levy annually, a tax on the property 
of such township, for township purposes, and report 
the same to the County Auditor who shall enter the 
same upon the proper tax duplicate, and the Treasurer 
shall collect the same as other taxes are collected. But 
in case of a failure of the Trustee and Commissioners 
to concur, then the County Board shall determine upon 
and levy such township tax. R. S. sec. 5995. The 
Trustee and Board of Commissioners shall at the same 
time concur in the amount to he charged upon each 
poll for township purposes. Acts 1881, 611. 

LEVY OF LIBRARY TAX. 

Where donations to the amount of one thousand 
dollars or more, have been made to establish a library 
for the use and benefit of the inhabitants of any town¬ 
ship, the Trustee of such township shall annually levy 
and collect not more than one cent on the one hundred 
dollars upon the taxable property within his township, 
which shall be paid to the Trustees of such library and 
applied by them for the purchase of books for the same. 
Acts 1879, 171. 

LEVY OF COMMUTATION ROAD TAX. 

Section 3 of the Act concerning roads and highways, 
approved April 15, 1881, Acts 1881, p. 536; R. S. sec. 


ROAD TAX. 


IT 


5066, provides that the Township Trustee, with the 
concurrence of the Board of County Commissioners in 
Jiis county, shall in the month of June, 1881, and an¬ 
nually thereafter, assess a poll tax for highway purposes, 
to he known as “Commutation Road Tax” of two 
dollars upon each able-bodied man who is a resident of 
his township, over the age of twenty-one and under the 
age of fifty years, except idiots, insane, deaf and dumb 
and blind persons, and such persons as may he unable 
to pay such tax on account of physical infirmity and 
poverty; and shall also levy a road tax of not exceeding 
twenty-five cents on each one hundred dollars worth of 
property liable to taxation in his township, and report 
the same to the Auditor who shall enter the same upon 
the proper tax duplicate, in a separate column, and be 
collected by the Treasurer as other taxes are collected. 

Section 27 of the same act seems to be in conflict 
with section 3 above cited, as it provides that at the 
June term, 1881, and annually thereafter, the Board of 
Commissioners shall levy the poll tax as provided for in 
this act, and order the Auditor to enter the same upon 
the tax duplicate to be collected as other taxes are col¬ 
lected. The language in section 3 is the Trustee and 
Board shall assess a poll tax, etc., while section 27 says 
the Board of Commissioners shall levy the poll tax as 
provided for in this act. Acts 1881, 542; R. S. sec. 5066. 

The law fixes the amount at two dollars, and declares 
that each able bodied man between the ages of twenty- 
one and fifty years, who is a resident of the township 
shall be liable, except idiots, insane, deaf and blind 
persons; and such other persons as may be unable to 
pay such tax on account of physical infirmity and 
poverty; and hence, what is left for the Township Trus¬ 
tee and Board of Commissioners to do that could be 
2 


c 


18 


TOWNSHIP OFFICERS. 


called either an assessment or levy is not plain. The 
only thing left which it appears they could do, without 
acting foolishly, would he to make a list of such parties, 
as in their judgment, were liable under the law to pay 
this poll tax; hut even this would seem to be unneces¬ 
sary, as the assessor’s returns show the age of each tax 
payer assessed and listed by him. The Assessor is also 
required while assessing his township, to make out a 
list of all persons in his township, who are deaf, blind, 
idiotic or insane, giving their sex and ages, and return 
such list to the County Auditor. Acts 1881, 631; while 
all poor persons, exempt from poll tax as provided in 
sections 3 and 27, shall procure from the Superintendent 
a certificate of such exemption, and shall produce the 
same for the inspection of the Assessor when called 
upon for list of poll and property. Acts 1881, 536. 
Hence the Auditor is furnished not only with a list of 
all parties exempt from this poll tax, but also the name 
and age of every party listed by the Assessor, and it is 
as much the Auditor’s duty to charge each tax payer of 
the proper sex, and age, if liable under the provisions 
of the law, as it is to charge him with the State or 
school tax, without any action of the Township Trustee 
or Board of Commissioners in the premises. 

The citizens of any incorporated town or city situated 
in whole or in part, in any township, are exempt from 
all provisions of the act approved April 15, 1881, and 
can not be assessed with a poll tax for road purposes, 
nor can a tax be levied upon their property for such 
purposes. Acts 1881, 536; R. S. sec. 5067. 

The Township Trustee and Commissioners should in 
making their levies observe the fact that it may he the 
intention of the legislature that the Board and Trustee 
shall make a list of such persons as in their judgment. 


ROAD—DOG TAX. 


19 


are liable under the law to pay poll and property tax 
for road purposes. This tax so levied for road purposes, 
when collected, is paid to the Township Superintendent. 
Acts 1881, 586; E. S. sec. 5065. 

DOG TAX. 

Section 61 of the “Act concerning taxation,” requir¬ 
ing the Township Assessor to assess dogs, (Acts 1881, 
662,) is repealed by section 6, Chapter 42, Acts 1881, 
and the Township Trustee collects all dog tax. Section 
1, Acts 1881, 395; E. S. sec. 2647. 

The act of the legislature “to protect sheep husband¬ 
ry,” approved April 13, 1881. Acts 1881, 395, provides 
that any person owning or harboring a dog, over the 
age of six months, shall, on or before the first day of 
April, 1882, and each year thereafter, report to the 
Township Trustee of his township, the number of dogs 
owned or harbored by him, and such Trustee shall 
register and number the same to the proper owner, or 
person harboring the same, with a brief description of 
each dog by sex, color, breed, etc., and also furnish the 
owner with a metallic tag, with number and year to 
correspond with the register, which said owner shall 
attach to the neck (of the dog) by a collar, for which 
the owner shall pay the sum of one dollar for a male, 
and the sum of two dollars for a female dog, owned, 
kept or harbored by him or them, and for each dog 
more than one, the sum of two dollars each, which shall 
be known as the dog fund. E. S. sec. 2647. 

If any tag is lost, the Trustee shall issue a duplicate 
thereof for the sum of ten cents, upon application 
therefor, and satisfactory proof furnished that said tag 
has been lost. Id. The law is silent as to how this 


20 


TOWNSHIP OFFICERS. 


proof shall be made.; but it is required to be satisfactory 
proof, and should be not only satisfactory to the Trus¬ 
tee, but to the people of the township, who are 
interested in the fund. Hence, the Trustee should 
require the application to be in writing setting forth 
facts connected with the loss, verified by affidavit, and 
he filed away and carefully preserved by the Trustee. 
He should in addition make a memorandum of the 
same upon his township record. 

The application may he in the following form: 


To the Honorable , the Trustee of - Township: 

The subscriber respectfully shows, that the tag Ho. 
50, furnished April 1, 1882, for his black, rat-terrier 
dog, Dyke, was, on the 1st day of June, 1882, lost 
without the fault of your applicant, and he asks for a 
duplicate of same. 

A B. 


State of Indiana,-County, ss: 

A B swears the material facts set forth in the tore- 
going apjjlication are true in substance and in fact. 

AB. 


Subscribed and sworn to before me this 10th day of 
June, 1882. 


C D, Justice. 


The entry in the township record may be as follows: 

June 10, 1882, comes A B, and files..his application 
for a duplicate tag for his black, rat-terrier dog, Dyke, 
Ho. 50, issued'April 1, 1882, and he having made satis¬ 
factory proof of the loss of said tag, I issued as and 
for a duplicate of Ho. 50, now lost, tag number 125. 

E F, Trustee. 




DOG TAX. 


21 


It is declared to be unlawful for any dog to run at 
large without collar and tag as provided for in this act, 
and it shall he deemed lawful for any person to kill the 
same. Counterfeiting tags is declared to be a misde¬ 
meanor, and punishable by fine not to exceed twenty- 
five dollars. Acts 1881, 395; R. S. sec. 2648. 

The language of sections one and two of this act is a 
little obscure. It is impossible from the language used 
in section one to tell whether the owner or dog is to wear 
the tag, and by section two the dog is declared to vio¬ 
late the law by running at large without a collar and 
tag. The obvious meaning is that it shall he unlawful 
for the owner of a dog, to sutler him to run at large 
without having placed upon him a collar and tag. 

It seems to be made the duty of the Constables of the 
several townships to kill all dogs which shall he found at 
any time after the first day of April, 1882, without 
collar and tag. And it is made the duty of the Town¬ 
ship Trustee, on information of any citizen, of any dog 
not so registered and tagged, to issue a written notice 
to any Constable that such dog is untagged directing 
him to kill the same. The Trustee may not divulge the 
name of his informant under a penalty not exceeding 
twenty-five dollars. If the Constable fail to use due 
diligence to kill any dog after such notice, he shall be 
fined in any sum not exceeding twenty-five dollars. 
Acts 1881, 396, sec. 3; R. S. sec. 2650. 

The Trustee shall pay such Constable for each dog 
killed by him as provided for in the act, fifty cents 
to he paid out of the dog fund. It seems that the 
Constable is entitled to his pay whether ordered by the 
Trustee to kill the dog or not. Secs. 2649 and 2650. 

The money derived from the registration of dogs, 
and fines under the provisions of this act shall consti- 


22 


TOWNSHIP OFFICERS. 


tute the fund known as the dog fund; and shall he used 
by the Trustee for the payment of damages sustained 
by owners of sheep maimed or killed by dogs within his 
township. The Trustee shall annually collect from such 
Justices as have assessed such fines and collected the 
same, and hold them for the purposes aforesaid, after 
deducting charges. The charges may be as follows: 
Twenty-five cents to the Trustee for registry, and fifty 
cents to the Constable for each dog killed by him. 

Parties owning sheep maimed or killed by dogs must 
report to the Trustee the loss within ten days from the 
time thereof. These losses shall be registered and when 
adjusted, must be paid in the order which they are 
reported. But no person shall receive pay if the injury 
was done by dogs harbored or owned by himself. The 
dog fund arising under this act shall be consolidated 
with any balance of dog fund arising under the provis¬ 
ions of former laws, in the hands of such trustee. 
Claimants under the Act of 1865 shall be paid out of 
the consolidated fund in the order of their priority. 
Sec. 5. 


TRANSFER OF DOG FUND. 

If upon the first Monday of October in any year 
the dog fund shall have accumulated, and remains in 
excess of fifty dollars, the surplus over fifty dollars shall 
be transferred to the school revenue of the township 
and be expended as part thereof, for tuition. Id. The 
provisions of this law may impose unpleasant duties 
upon the trustee and constable, but the fault is not with 
them. The best way to deal with legislative acts such 
as the above is to enforce £hem to the letter. If they 
are salutary they will become popular, if otherwise they 
will become odious. 


ELECTIONS. 


23 


INSPECTOR OF ELECTIONS. 

The Township Trustee is, by virtue of his office, 
inspector of elections in the precinct in which he resides. 
It. S. sec. 4688. Before opening the polls in his pre¬ 
cinct he shall appoint as judges of election two quali¬ 
fied voters of such precinct, who have been freeholders 
and resident householders therein at least one year 
next preceding the election, and who are members of 
different political parties, and of the parties who cast 
the highest number of. votes at such precinct at the 
next preceding election; and such judges and such 
inspector shall constitute a board of election. Id. 

Ho person is eligible as a member of the hoard of 
election who has any thing of value bet or wagered on 
the result of such election, or who is a candidate to be 
voted for, or who is of kin to any candidate at such 
election. Id. 

The election law of 1881 requires that the person who 
is appointed by the Board of Commissioners, or who 
may be by the qualified voters of any precinct appointed 
as Inspector of any election, shall be a qualified voter 
of the township or precinct, and shall have been a 
freeholder and resident householder in such township 
and precinct for at least one year next preceding such 
election. The only qualification of the Trustee is that 
he reside in the precinct, and be neither a candidate 
nor of kin to any candidate to be voted for at such 
election. He need not be a freeholder nor householder, 
nor even a citizen of the United States. 63 Ind. 507. 

The Township Trustee may, as Inspector of any elect¬ 
ion, administer the oath of office to the Judges even 
before he has himself taken the oath of office as Inspec¬ 
tor, when one of the Judges sworn may administer the 
oath to him. Acts 1881, 486, sec. 16; R. S. sec. 4694. 


24 


TOWNSHIP OFFICERS. 


It is declared to be the duty of the Township Trus¬ 
tees in their respective townships, to cause the members 
of the election board to be furnished with good, plain, 
substantial meals. Sec. 4709. 

After the close of an election, the ballot boxes used 
in the several precincts of the township, shall be by the 
Inspectors deposited with the Township Trustee, who 
shall safely keep the same; and the officers of such 
election, shall, upon receiving the pay for their services 
as such from said Trustee, deliver to him the keys to 
the ballot boxes. Sec. 4714. 

The Trustee for acting as Inspector of any election 
shall be allowed two dollars for each day’s services as 
such Inspector, and the same for one day’s service, and 
mileage at the rate of five cents per mile, going and 
returning, as a member of the Board of Canvassers. 
Sec. 4730. 

When there is more than one precinct in any town¬ 
ship, the Inspectors of the several precincts shall, on 
the day following any township election, except elect¬ 
ions for Justices of the Peace only, meet at the office of 
the Township Trustee, at as near ten o’clock, A. M., as 
practicable, and compare the poll books and certificates 
thereto held by them, and having aggregated the town¬ 
ship, declare and certify the result; and if two or more 
persons have the highest and an equal number of votes 
for the same office, they shall determine by lot which 
shall be declared elected, and give a certificate accord¬ 
ingly. Sec. 4736. 

RECLAIMING WET LANDS* 

It is made the duty of the Township Trustee, when¬ 
ever application is made to him, by the owner of lands 


WET LANDS. 


25 


injuriously affected by any ditch or drain becoming 
obstructed, filled up or otherwise out of repair, upon 
satisfactory proof that ten days notice had been given 
to the owner or owners of the lands upon which such 
obstruction is, or where said drain or ditch is in need 
of repair, that lie would at a day and hour specified in 
such notice apply to the Township Trustee for the 
appointment of three disinterested freeholders of such 
township to examine such ditch or drain, and if they 
deem said ditch obstructed, filled up or out of repair, 
they shall assess the amount which in their judgment 
is sufficient to thoroughly repair the same in each town¬ 
ship through which such ditch or drain extends, and in 
which lands benefited thereby lie, to appoint such dis¬ 
interested freeholders to make such assessment. Acts 
1879, 239, secs. 16 and 17; R. S. sec. 4282. 

The freeholders so appointed shall make out their 
award in writing, and^file the same with such Trustee, 
who shall be the custodian of the same, and shall cause 
the same to be immediately filed for record with the 
Recorder of such county. Id., sec. 18. 

The Trustee making the appointment of such apprais¬ 
ers shall keep a record thereof, and shall be entitled to 
receive one dollar for his services. Sec. 19. 

The record of the Trustee may be as follows: 

June 1, 1882, comes A B, and files and presents his 
application for the appointment of three disinterested 
freeholders of this township to examine a ditch on the 
lands of C D, alleged to be obstructed and thereby 
injuriously affecting the lands of the said A B, and to 
assess the amount necessary to put such ditch in repair. 
And it appearing to my satisfaction that the said C D, 
had been duly notified more than ten days before the 
time set for hearing the same, by written notice read 


26 


TOWNSHIP OFFICERS. 


to and within his hearing. It is therefore ordered that 
E F, Gr H and K L, three disinterested freeholders of 
this township, he, and they are hereby appointed to 
appraise said obstruction, and that they meet at the 
residence of the said C D, on the 3d day of June, 1882, 
to make such assessment, and that they report their 
assessment to me in writing as soon after making the 
same as practicable. 

M H, Trustee. 


RELIEF OF THE POOR. 

By the provisions of “An Act for the relief of the 
poor/’ approved June 9, 1852, 1 R. S. 1876, 676, the 
Township Trustees of the several civil townships of this 
State, are declared to be “the overseers of the poor 
within their respective townships, and are required as 
such to perform all the duties, with respect to the poor 
of their respective townships, that from time to time 
may be prescribed by law.” R. S. sec. 6066. 

When this law was enacted, there was a board con¬ 
sisting of three Trustees in each township, who were 
by law distinguished as “ Overseers of the poor.” By 
act approved February 18, 1859, the Board of Trustees 
was abolished, and provisions made for the election of 
a Township Trustee, to take the place of such Board. 
1 R. S. 1876, 899. 

The Township Trustee as overseer of the poor of his 
township, has the care and oversight of all poor persons 
in his township, so long as they remain a county charge, 
and shall see that they are relieved and taken care of in 
the manner required by law. R. S. secs. 6067; 6071. 

It is made his duty in such counties as have no com¬ 
mon poor house, two weeks before the first Monday of 


THE POOR. 


27 


May, in each year, to give notice by publication in the 
newspapers of bis county, or by posting upon the court 
bouse door, and in other public places in bis county, an 
advertisement showing that the poor of his township 
are to be provided for, and asking for sealed proposals 
for their maintenance during the ensuing year; which 
sealed proposals shall he opened and acted upon by such 
Trustee on said day. But he may at any time receive 
and accept propositions for the keeping of such per¬ 
sons as may in the interim become county charges. 
Sec. 6072. 

If the Trustee shall learn that any person employed 
by him has ill treated any poor person in his charge, 
or has failed to provide such poor person with the com¬ 
mon necessaries of life, he shall withhold from such 
employe whatever amount of the compensation allowed 
to such person he shall deem reasonable and proper, 
and remove said poor and place them in the care of 
some other person. Sec. 6074. 

It is sometimes a difficult matter to determine who 
are entitled to relief under the poor laws of the State. 
It is only such persons as have a legal settlement within 
the county, that are entitled to permanent relief. 
Legal settlement obliges the Trustee to take charge of 
any person who is poor and standing in need of relief. 
Marriage will give to either husband or wife, a legal 
settlement if the other had such legal settlement at the 
time of marriage. Illegitimate children take the set¬ 
tlement of the mother at the time of birth, while 
legitimate children take the settlement of the parents 
at time of birth. Every minor whose parents, and 
woman whose husband has no legal settlement in this 
State, shall gain one, by one year’s continued residence. 
Apprentices take the settlement of the master or mis- 


28 


TOWNSHIP OFFICERS. 


tress. A settlement once acquired can only be lost or 
defeated by acquiring a new one, or by willful uninter¬ 
rupted absence one full year. 

POOR BOOK. 

The Trustee, as overseer of the poor is required to 
keep a book, called the “poor book,” set apart exclu¬ 
sively for that purpose. He shall enter in this book the 
names of all poor persons in his township, who, in his 
judgment are entitled to relief, whether such persons 
are in the county poor asylum or not, if unable to take 
care of themselves. Each entry made in such book 
shall be dated, showing at what time each person 
named therein became a county charge, and also the 
date when they cease to be in need of relief. Also 
showing when and by whom any and all relief was 
furnished, and the cost of the same; when such persons 
were sent to the poor asylum, if at all; and the length 
of time they remain therein, and the date of their dis¬ 
charge therefrom, if discharged. The death of each 
poor person whose funeral expenses are paid in whole 
or in part by the county, and the name of the person 
or persons to whom such expenses were paid. R. S. 
sec. 6075. 

A separate account should be opened with or in the 
name of each poor person to whom relief is afforded, 
giving the name of every person and also the cost of 
any relief furnished to such person, so as to be able at 
the June session of the Board of Commissioners to 
make his report as required by law. 

The Township Trustee should contract with one or 
more physicians to take charge of the poor in his town¬ 
ship, if any there be who have not been sent to the poor 
asylum, and such contract should be entered upon the 


POOR BOOK. 


29 


poor book; or he may when any poor person in his 
township is sick and unable to employ a physician, and 
in need of a physician, employ such physician. He 
should in all such cases, if the same can he done for a 
reasonable compensation, employ the physician of the 
choice of such poor person. He should enter in his 
poor hook the date and terms of such employment, and 
then upon the convalescence or death of such poor 
person, enter the cost of such services. 

The Trustee should at each regular meeting of the 
Board of County Commissioners, certify all relief furn¬ 
ished by him to the poor of his township during the 
quarter then ending. This certificate may he in the 
following form: 

Office of Trustee of - Township. 

The State of Indiana,-County, ss: 

I, A B, Trustee of-Township, certify that the 

following relief was furnished the poor of my township 
by the following named persons, under contract and by 
my employment : 

April 1, 1882, sack of flour to C D, by E F, $1.05 
April 18, 1882, pair shoes to “ “ “ 1.25-2.30 

May 9,1882, medical service to “ “ Gr H, M. D., 

two visits,.$4.50-4.50 

May 15, 1882, I sent to poor asylum L. K, cost 

paid by me,.$2.50-2.50 

June 1. 1882, funeral of M H, by M S, under¬ 
taker,.$7.50-7.50 

Total for the quarter,.$17.00 

In testimony whereof I have hereunto subscribed my 

name this 5th day of June, 1882. 

A B, Trustee of- 


■Township. 










30 


TOWNSHIP OFFICERS. 


If any poor person supposes himself entitled to relief, 
and if upon application to the Township Trustee of his 
township for such relief, he shall he refused, he may 
appeal to the Board of County Commissioners, wlm 
may, if they think such person entitled to relief under 
the poor laws of the State, direct such Trustee to enter 
the name of such person on his poor list. R. S. see* 
6076. 

If any poor person is found within any township, and 
the Trustee is unable to ascertain and establish his last 
place of settlement, the Trustee shall provide for him 
the same as if his legal settlement was within such 
township. Sec. 6077. 

Any poor person needing temporary relief as a pau¬ 
per, and not having any legal settlement, may be placed 
temporarily in the poor asylum. Sec. 6078. 

It is the duty of the Trustee when any person in his 
township not having a legal settlement therein, is likely 
to become a county charge, to make his complaint to 
some Justice of the Peace, setting forth such facts, and 
such Justice on an investigation finding such facts to 
be true, shall cause such person to he sent and conveyed 
at the expense of the county, to the place where such 
person belongs; but if such person can not be so 
removed, the Trustee shall furnish such relief as is 
required. Sec. 6079. 

If the Township Trustee of any township to which a 
pauper is sent, under the provisions of section 14, shall 
feel aggrieved thereby, he may within twenty days after 
such removal shall become known to him, appeal from 
the decision of such Justice to the Circuit Court of the 
county, where the removal was ordered to he made, and 
the case shall be tried as other appeals from Justices 
are tried. Sec. 6080. 


POOR BOOK—EXPENSES. 


31 


When a poor person is removed from one county to 
another in this State, under the provisions of the act 
aforesaid, the Trustee of the township to which such 
poor person is sent, if such poor person have a legal 
settlement therein, shall receive such poor person. Sec. 
6083; but if such poor person have no such legal settle¬ 
ment, the remedy of the Trustee of the township to 
which such poor person is sent, is to appeal from the 
decision of the Justice on whose warrant the removal 
was made. Sec. 6080. 

REPORT OF EXPENSES OF POOR. 

The Trustees of the several townships shall, annually, 
at the June session of the Board of Commissioners of 
the county, present their accounts, and make report to 
said board of their proceedings generally for the past 
year. 

The account may be in the following form: 

-County : 


To A B , Trustee of - Townshij.?, Dr. 

March 10, 1882, to cash paid C D for use of E F, 

a poor person.. $ 2.50 

March 15, 1882, to cash paid C D for shoes for 

E F, a poor person. 1.50 

April 10, 1882, to cash paid H I for medicine for 

E F, a poor person. 50 

April 25, 1882, to cash paid M D for medical 

attention to E F, a poor person. 5.50 


Total 


$ 10.00 










32 


TOWNSHIP OFFICERS. 


State of Indiana, County of -, ss: 

A B swears the foregoing account is due him and 
unpaid from said county, and the charges upon which 
paid, were upon contract made between said parties and 
himself as such Trustee, as appears upon poor hook, 

pp. 11, 12. 

A B. 

Subscribed and sworn to before me this 5th day of 
June, 1882. 

W L 1 , Auditor. 

The report of poor may he in the following form: 

To the Hon. the Board of Commissioners of - County: 

The undersigned, Trustee of-township, of- 

county, and ex-officio, overseer of the poor of said town¬ 
ship, respectfully submits the following report of his 
action and doings with and for the poor of his town¬ 
ship, to whom relief was by him afforded within the 
year ending the first Monday in June, 1882: 

POOR PERSONS SENT TO POOR ASYLUM WITHIN THE YEAR. 

July 10, 1881, Mary Norris, aged about 50 years, and 
in bad health. 

August 15, 1881, James Brown, aged 70 years, blind. 
Sept. 25, 1881, Willis Agnew, aged 40 years, idiotic. 

FURNISHED TEMPORARY AID TO THE FOLLOWING PARTIES 
HAVING NO SETTLEMENT. 

Roscoe Conkling, aged 52, pair of pants and shoes, $4.50 
Abraham Ilewett, aged 58, two bushels corn meal, 1.85 


A. A. Sargent, aged 49, three lbs. coffee, .65 

Total.$7.00 








EXPENSES. 


33 


FURNISHED TEMPORARY AID TO FOLLOWING PARTIES HAVING 

SETTLEMENT. 


A. AY. Beecher, pair shoes.$ 1.50 

John Rogers, suit of clothes and hat. 8.50 

Total.$10.00 


EMPLOYED TO RENDER AID TO PAUPERS. 

H. AY. Shirly, M. 1)., as physician, at $1.50 per 

visit to A B..'.$ 7.50 

J. .AY. Brown, to nurse A B @ $1.50 per day. 7.50 

Total.$15.00 

PARTIES FURNISHING NECESSARIES TO PAUPERS UNDER 
r CONTRACT. 

C I), medicine for E F. $ .50 

II I, medicine for E F. 1.00 

PAUPERS DYING WITHIN THE YEAR, UNDERTAKERS. 

Nov. 5,1880, Janies Madison—AI. Sliirey, Under¬ 
taker, cost .$ 9.00 

Jan. 10, 1881, J. Q. Adams—M. Shirey, Under¬ 
taker . 9.50 

Total.$18.50 

Aggregate expense of towmship.$52.00 

Respectfully submitted, 

A B, Trustee of-township. 

This report should be verified by the affidavit of the 
Trustee, and sworn to before the County Auditor. 

•5 

D 



















36 


TOWNSHIP OFFICERS. 


ship Trustees, the County Auditor shall give the casting 
vote. R. S. sec. 4424. 

Sec. 33 was amended by Acts of 1875, p. 131, giving 
to the Board of County Commissioners the power to 
appoint the County Superintendent. The latter act 
has been declared unconstitutional, 52 Ind. 420. The 
validity of the Act of 1873, from which section 33 is 
taken is questionable; hut “Sufficient unto the day is 
the evil thereof.” Trustees must obey the law as it 
appears upon the statute books. 

VACANCY IN THE OFFICE OF COUNTY SUPERINTENDENT. 

Vacancies in the office of County Superintendent are 
filled by the Trustees of the several townships in the 
county, who shall convene on the notice of the County 
Auditor, at the office of such Auditor, and fill the 
vacancy for the unexpired portion of the term in the 
manner herein provided. The County Auditor shall be 
clerk of such election in all cases, and give the casting 
vote in case of a tie. Id. 

The Trustees can only elect a County Superintendent 
unless to fill a vacancy as shown above, on the day 
designated by law; for if they fail to meet on the 
designated day, the first Monday in June, of the proper 
year, or meeting on the proper day, adjourn wfithout 
electing a Superintendent, the former Superintendent 
shall hold over for the next two years, when a successor 
may be elected at a regular biennial meeting.. A 
County Superintendent legally elected, will hold his 
office until his successor is duly elected and qualified at 
a subsequent biennial meeting. Smart’s Commentary, 
7; 74 Ind. 486. 

The Trustees may not elect a person to the office who 


SUPERINTENDENT—SCHOOL TAX. 


37 


is not a resident of the county, nor can they do so 
unless a majority of all the Trustees of the county are 
present. Id. 

A Township Trustee may not teach in his own town¬ 
ship, nor can a School Trustee in an incorporated town 
or city. Opinion of Att. Gen’l Woollen. 

LEVYING OF SPECIAL SCHOOL TAX. 

The Township Trustee as Trustee of the school town¬ 
ship, shall have power to levy a tax not exceeding fifty 
cents on each one hundred dollars’ worth of property, 
and one dollar on the poll, in each year. R. S. sec. 
4467. The same power is conferred upon the School 
Trustees of each incorporated town and city. See Sup. 
Smart’s Commentaries, pp. 60, 61. 

On the subject of levying taxes by School Trustees, 
rather than by Civil Trustee, the Supreme Court in the 
case of Eoot v. Erdelmeyer, 37 Ind. 228, use the follow¬ 
ing language: “The township tax and the tax levied 
by the Board of Commissioners for rail road purposes, 
are in no sense levied for municipal purposes within the 
meaning of the law in question. The same is also true 
with respect to the tax levied by the School Trustees of 
the city for school house purposes. These taxes for 
school houses are not levied for any purposes of cities 
as such, but for a State purpose in the fullest sense of 
the term. They are levied to carry out the system of 
common school education provided for by the State, 
and by virtue of the laws of the State. To be sure 
each civil township and each incorporated town or city 
in the several counties of the State is hereby declared 
a distinct municipal corporation for school purposes. 
3 Ind. R. S. 441, sec. 4. Thus each civil township in 


36 


TOWNSHIP OFFICERS. 


ship Trustees, the County Auditor shall give the casting 
vote. R. S. sec. 4424. 

Sec. 33 was amended by Acts of 1875, p. 131, giving 
to the Board of County Commissioners the power to 
appoint the County Superintendent. The latter act 
has been declared unconstitutional, 52 Ind. 420. The 
validity of the Act of 1873, from which section 33 is 
taken is questionable; but “Sufficient unto the day is 
the evil thereof.” Trustees must obey the law as it 
appears upon the statute hooks. 

VACANCY IN THE OFFICE OF COUNTY SUPERINTENDENT. 

Vacancies in the office of County Superintendent are 
filled by the Trustees of the several townships in the 
county, who shall convene on the notice of the County 
Auditor, at the office of such Auditor, and fill the 
vacancy for the unexpired portion of the term in the 
manner herein provided. The County Auditor shall be 
clerk of such election in all cases, and give the casting 
vote in case of a tie. Id. 

The Trustees can only elect a County Superintendent 
unless to fill a vacancy as shown above, on the day 
designated by law; for if they fail to meet on the 
designated day, the first Monday in June, of the proper 
year, or meeting on the proper day, adjourn without 
electing a Superintendent, the former Superintendent 
shall hold over for the next two years, when a successor 
may he elected at a regular biennial meeting.. A 
County Superintendent legally elected, will hold his 
office until his successor is duly elected and qualified at 
a subsequent biennial meeting. Smart’s Commentary, 
7; 74 Ind. 486. 

The Trustees may not elect a person to the office who 


SUPERINTENDENT—SCHOOL TAX. 


37 


is not a resident of the county, nor can they do so 
unless a majority of all the Trustees of the county are 
present. Id. 

A Township Trustee may not teach in his own town¬ 
ship, nor can a School Trustee in an incorporated town 
or city. Opinion of Att. Gen’l Woollen. 

LEVYING OF SPECIAL SCHOOL TAX. 

The Township Trustee as Trustee of the school town¬ 
ship, shall have power to levy a tax not exceeding fifty 
cents on each one hundred dollars’ worth of property, 
and one dollar on the poll, in each year. It. S. sec. 
4467. The same power is conferred upon the School 
Trustees of each incorporated town and city. See Sup. 
Smart’s Commentaries, pp. 60, 61. 

On the subject of levying taxes by School Trustees, 
rather than by Civil Trustee, the Supreme Court in the 
case of Root v. Erdelmeyer, 37 Ind. 228, use the follow¬ 
ing language: “The township tax and the tax levied 
by the Board of Commissioners for rail road purposes, 
are in no sense levied for municipal purposes within the 
meaning of the law in question. The same is also true 
with respect to the tax levied by the School Trustees of 
the city for school house purposes. These taxes for 
school houses are not levied for any purposes of cities 
as such, but for a State purpose in the fullest sense of 
the term. They are levied to carry out the system of 
common school education provided for by the State, 
and by virtue of the laws of the State. To be sure 
each civil township and each incorporated town or city 
in the several counties of the State is hereby declared 
a distinct municipal corporation for school purposes. 
3 Ind. R. S. 441, sec. 4. Thus each civil township in 


88 


TOWNSHIP OFFICERS. 


the State, as well as each incorporated city and town, 
is made an instrumentality by means of which the 
educational purposes of the State are carried out. But 
when taxes are assessed by* means of these instrumen¬ 
talities for building school houses, they are assessed for 
school or educational purposes, and not for municipal 
purposes.’ ’ 

This decision.is alone sufficient to settle the question 
that in the opinion of the Supreme Court, the Trustees 
referred to in section 12 of the school law, are the School 
Trustees, in township, town and city, and that they 
alone have power to levy special school tax. 

These Trustees alone have the control of the funds 
raised by such levy; they alone can build school houses, 
buy school furniture and apparatus. In the case of 
Carmichael v. Lawrence, 47 Ind. 558, the Supreme 
Court says: “It is as an officer of the school township, 
and not as an officer of the civil township, that the 
Trustee has authority and power to levy a tax for the 
erection of school houses, and to expend the same for 
that purpose. 1 G-. & H. 544, sec. 9. We think it must 
follow that it is as Trustee of the school township, and 
not as Trustee of the civil township, that the Township 
Trustee must contract for the building of school houses. 
We do not think the Trustee of the civil township can- 
legally contract for the building of a school house, and 
make the civil township liable therefor.” 

It seems from those decisions that the School Trustee 
of township, and School Trustee of town and city alone 
can levy or expend the special school tax. It is not 
only the law, but equity, that the school corporation 
should be responsible for the building of school houses, 
and the buying of furniture and apparatus, for the 
reason, if no other, that they are not always identical 


SCHOOL TAX. 


39 


with the civil corporation. It frequently happens that 
a school house is built near the township or county 
line, when a large number of the patrons have been 
transferred from another civil corporation, the same 
may be true in regard to cities and towns. The law 
provides for their being taxed for school purposes in 
the corporation to which they have been transferred, 
not by the Trustee of the civil corporation, for they are 
not within his civil jurisdiction, but a different one, but 
by the School Trustee, for they are within his jurisdic¬ 
tion for school purposes. Equity says they should be 
taxed for school purposes in the school corporation to 
which they have been transferred for school purposes, 
for the reason that having all the rights and privileges 
of the schools in an equal degree with all others in the 
school district, the burthen should be borne equally. 
The Board of County Commissioners have no control 
over the levy for special school purposes. It. S. sec. 
4467. 

The Township Trustee, as Trustee for school purposes, 
and the School Trustees of towns and cities make the 
levy for the support of schools of special school tax. 
This tax is intended to include the necessary funds for 
building and repairing school houses, furniture, fixtures 
and apparatus, Superintendent and Janitor, and all 
other expenses attending the common schools except 
tuition. 

The amount levied for special school purposes shall 
not exceed fifty cents on each one hundred dollars 
worth of taxable property, and one dollar on each tax¬ 
able poll. Id. When the levy is made, the levy is 
certified to the County Auditor, whose duty it is to 
place the same upon the tax duplicate, and neither the 
Board of Commissioners nor the Civil Trustees of 


40 


TOWNSHIP OFFICERS. 


towns or cities have authority to veto or modify the 
levy. 37 Ind. 228. Professor Smart well says in his 
commentary upon this topic: “If the power to levy a 
tax for building purposes, was vested exclusively in the 
civil authorities of incorporated towns, and not in the 
school authorities, the school authorities might be 
rendered powerless to carry out the provisions of 
section 10 of the general school law by failure of the 
civil authorities to make the necessary levies. The 
civil authorities are not bound to build these school 
houses, and the provision authorizing the levy of a tax 
for such purposes is permissive, and not mandatory. 
There is no power by which they can be compelled to 
levy the tax. The State having provided a tuition 
revenue for the benefit of its children, it could not, 
with any regard to the theory of the schools laid down 
in the constitution, leave it to the option of the local 
authorities to provide school houses or not, as they saw 
fit.” Com. p. 64. 

“The legislature has unquestionably left the power 
to levy the special school taxes in all the townships, and 
in all the cities in the State in the school officers 
thereof. It certainly would not intentionally make an 
exception in the case of school officers of towns.” Com. 
65. Attorney General Woollen says on this point: 
“There can be no doubt but that the special school tax 
authorized to be levied by section 12 of the act approved 
March 6, 1865, is to be levied by the Trustee of the 
school township, or by the Trustee for school purposes 
appointed by towns and cities.” 

Any tax payer in any township, town or city, who 
may choose to furnish any building material for the 
construction of school houses or furniture, or fuel 
therefor, shall be entitled to a receipt therefor, which 


SCHOOL TAX. 


41 


shall he taken in lieu of money in payment of taxes'. 
It. S. sec. 4467. In addition to the ordinary levy for 
special school purposes, authorized by section 12 school 
law as amended by acts of 1873, p. 68, the School Trus¬ 
tee is authorized to make a levy of twenty-five cents on 
each one hundred dollars worth of property, for the 
purpose of paying, satisfying and liquidating debts 
made and contracted by such Trustee in the construc¬ 
tion, repairing or completing of school houses. Acts 
1873, 209. 

By act of March 3, 1877, amended by act approved 
March 31, 1879; acts 1879, 95, it is made the duty of 
the Board of School Trustees of any city or incorpo¬ 
rated town in this State, to pay over to the common 
council of any city or to the Board of Civil Trustees of 
any town, any surplus special school revenue in their 
hands, not necessary to meet the current expenses. 
The only object in paying over this surplus, seems to he 
to enable such common council or Civil Trustees to pay 
interest or principal, or both of any indebtedness in¬ 
curred under the act of March 8, 1873. But this act of 
1873, only authorized cities and incorporated towns to 
negotiate and sell bonds to procure means to erect and 
complete school houses, and to purchase any grounds 
and building for school purposes, and to pay debts con¬ 
tracted for the erection and purchase of building and 
ground. It would seem that when there are no out¬ 
standing bonds, nor interest due from such bonds, upon 
which such surplus revenue could he expended, the 
purpose for which such money was required to he paid 
over does not exist, and such Common Council or Civil 
Trustees could not use such revenue if placed in their 
hands, and it is not to he presumed that the legislature 
intended that this money should be locked up, where it 


42 


TOWNSHIP OFFICERS. 


could not be used. That it would be a compliance, at 
least with the spirit of the law, for the School Trustee 
when there are no bonds outstanding, to retain the 
same. It. S. sec. 4471. 

The special school tax levied, as well as all other 
taxes for school purposes, such as local tuition, and for 
the payment of interest and principals of bonds as 
authorized by act of 1873, above referred to, should be 
extended to the poll and property of all persons trans¬ 
ferred to such corporation for school purposes. Smart’s 
Com. 67. 


LOCAL TUITION TAX. 

It is provided by Act approved March 9, 1867. Act 
1867, 30, that the Trustee of the civil township, and 
Civil Trustees of incorporated towns, and Common 
Council of cities, shall have power to levy annually a 
tax, 30 Ind. 180, not to exceed twenty-five cents on 
each one-liundred dollars worth of taxable property, 
and twenty-five cents on each taxable poll. K. S. sec. 
4469. 

This tax may be assessed by these officers without 
consulting the School Trustees of their school corpora¬ 
tion ; but the money when collected shall be paid over 
to the School Trustees. Id. 

This revenue belongs exclusively to the township, 
town or city in which it is collected. It is not distrib¬ 
uted as other revenue for tuition. 

The law does not prohibit the Trustee from antici¬ 
pating this revenue; like the special school revenue, 
it may be expended, or contracts may be made in 
advance of its collection, and the money applied when 
collected. 3 Ind. 178; 30 Ind. 178. 

Although this tax is known as the local tuition tax, 


TUITION TAX—SCHOOL HOUSES. 


43 


and its primary purpose should be to aid the State’s 
tuition revenue, there is nothing to prevent the Trus¬ 
tees from using any surplus of it for special school 
purposes. It would be unfair dealing with persons 
transferred to the corporation for school purposes, to 
expend any part of it for civil township or corporation 
purposes, as they might thereby be compelled to pay 
taxes on the same property and poll, twice for the same 
purpose in the same year. 

The local tuition tax being assessed and collected as 
State and county revenue are assessed and collected, 
the same being true of the special school revenue, both 
must be placed upon the county duplicate, and not on 
the duplicate of the city or town, and collected by the 
County Treasurer, and paid over without distribution 
to the School Trustees of the proper corporations. 30 
Ind. 180. 


THE BUILDING OF SCHOOL HOUSES. 

Section 10 of the school law is very comprehensive 
in its provisions. It requires the School Trustees of 
townships, towns and cities to take charge of the 
educational affairs of their respective corporations; to 
establish and locate conveniently a sufficient number 
of schools, arid build or otherwise provide suitable 
houses, furniture, apparatus and other articles and edu¬ 
cational appliances necessary for the thorough organiza¬ 
tion and efficient management of the schools. K. S. 
sec. 4444. 

The duty of locating the schools and school houses 
devolves upon the Trustee. While there is nothing 
prohibiting his consulting with the patrons of any 
school touching the location, after all it is his duty to 


44 


TOWNSHIP OFFICERS. 


so locate the school as in his judgment would be most 
convenient. While he should endeavor to accommo¬ 
date all, and so locate his schools that all pupils in his 
corporation may attend them, he should endeavor to 
confer the greatest good upon the greatest number. R. 
S. sec. 4500. 

Before expending the people’s money in the erection 
of a school house, he should see that the title to the 
land upon which it is to be built is perfect, and con¬ 
veyed by sufficient deed to the township, incorporated 
town or city in its corporate name, “for the use of 
common schools therein.” If the title is vested in any 
other person or corporation, it is made the duty of the 
Trustee for school purposes of the township, town or 
city to procure the title to he vested in his corporation, 
“for the use of common schools therein.'” R. S. sec. 
4508. 

If the Trustee is not satisfied that the title is perfect, 
and that the conveyance to his corporation vested in 
such corporation an absolute indefeasible title in fee- 
simple, he should not accept it until the title has been 
thoroughly and satisfactorily investigated and found 
sufficient. It is made his duty under section 157 of the 
school law to procure such title, and he will he respon¬ 
sible on his bond for any damage growing out of a 
failure of such title. 

Before the School Trustees of any incorporated town 
or city shall purchase any ground for school purposes, 
or enter into any contract for the building of any school 
building or buildings, such School Trustee or Trustees 
shall file a statement with the Civil Trustees of such 
incorporated town or Common Council of the city, 
showing the necessity of such purchase of ground or 
erection of such building, together with an estimate of 


SCHOOL HOUSES. 


45 


the cost of such ground or building; and such School 
Trustee shall not purchase any such ground, or enter 
into any contract for the building of any school house, 
until such action is approved by the Civil Trustees of 
such town, or by the Common Council of such city; 
but purchases or contracts already made without such 
approval shall not be affected by this act. Acts 1879, 
p. 86. R. S. sec. 4508. 

The inhabitants of a school corporation, at a regular 
school meeting, may memorialize the Trustee in refer¬ 
ence to the removal or erection of school houses. But 
that right is not made exclusive, and the Trustee may 
act even upon a petition, though it did not originate at 
a regular meeting. 21 Ind. 317. While the statute 
seems to give the power to the school meeting to desig¬ 
nate the site of a school house, or the same may be 
done by petition, yet nothing shall prevent the Trustee 
from exercising a sound discretion as to the propriety 
or expediency of making such repairs, removing or 
erecting school houses, and the cost thereof. R. S. sec. 
4444. 

It is true that should a Trustee disregard the wishes 
of thp people expressed through a regular school meet¬ 
ing, or through petition, an appeal may be taken to the 
County Superintendent, and by the language of section 
26 of the school law his decision thereon shall be final. 
On the subject of the finality of such decision, our 
* Supreme Court in 44 Ind. 328, 329 says: “Is there no 
power left in the Trustee, for it must be in him if in 
any one, to subsequently change the location, in order 
to meet the varying wants of the district? We must 
hold that the location thus made by the Examiner 
(County Superintendent) shall forever remain unalter¬ 
ably fixed, or that it may be subsequently changed by 


46 


TOWNSHIP OFFICERS. 


the Trustee. If it may be changed by the Trustee at all, 
it may he done at any time after the action of the 
Examiner. Mere lapse of time, whether long or short, 
can not affect the question.” 

In the case of Evans v. Mewhinney, School Trustee, 
66 Ind. 397, where an action was brought to perpetually 
enjoin the Trustee from building the school house on a 
certain location disapproved by the County Superintend¬ 
ent on appeal, the Supreme Court says: “ To hold 
that a second decision of the Superintendent, directing 
the Trustee to locate the school house at a particular 
place, final, would be directly against section 10 and 
the proviso in section 26, which entrust the location of 
a school to the discretion of the Trustee; nor can we 
find any authority in the act authorizing the County 
Superintendent to make such a decision, or in any way 
interfere, affirmatively, with the Trustee in selecting a 
location for a school house.” 

SCHOOL FURNITURE AND APPARATUS. 

Section 10 of the school law which makes provision 
for the building of school houses, also makes it the 
duty of School Trustees to provide suitable furniture 
and apparatus. R. S. sec. 4444. 

Ho school can be made a success unless both teacher 
and pupil are made comfortable. Failing in this the 
Trustee fails to discharge his duty. There is no econ¬ 
omy in erecting cheap, uncomfortable houses and fur¬ 
nishing with shoddy furniture or apparatus. The day 
and age when young America can he kept quietly 
seated for a whole day on the soft side of a slab have 
long since past. The law requires the Trustee to pro¬ 
vide suitable furniture and apparatus. To be “suit¬ 
able,” utility and comfort must he considered. The 


APPARATUS—PROPERTY. 


47 


language of sec. 4444 is “ suitable houses, furniture, ap¬ 
paratus, and other articles and educational appliances 
necessary for the thorough organization and efficient 
management of the schools.” 

What is meant by the terms “ other articles and edu¬ 
cational appliances” may be differently understood. 
Professor Smart enumerates what he denominates in¬ 
dispensable articles of furniture and apparatus: “A 
few chairs, a teacher’s table, black-boards, a clock, a 
thermometer, a dictionary, a water pail and cups, cray¬ 
ons and black-board, and pointers, erasers and brushes, 
with a closet in which the movable property of the 
school can be secured.” Com. 103. To this list should 
be added wall maps and a tellurion. 

CARE OF SCHOOL PROPERTY. 

The Trustee has the care of all property, real and 
personal, belonging to his township, town or city for 
school purposes, except congressional township school 
land, which is under the care of the Trustee of the civil 
township to which such lands belong. R. S. sec. 4328. 
The duty of taking care of the school property should 
be divided among teacher, janitor, director and the 
Trustee. Every teacher should be bound by his con¬ 
tract to take care of and preserve the school property 
while under his charge. So also the janitor and di¬ 
rector. While it is made the director’s duty to take 
charge of the school house and property belonging 
thereto, under the general order and concurrence of the 
Trustee , and preserve the same, and to make tem¬ 
porary repairs of the school house, furniture and fix¬ 
tures, and provide the necessary fuel for the school, 
and report cost thereof to the Trustee for payment. 


48 


TOWNSHIP OFFICERS. 


It is the Trustee’s duty to see that all repairs are 
necessary, and all necessary repairs are made. It. S. 
sec. 4499. 

When school houses are unoccupied by common 
schools, the people of the district may have a private 
school taught therein, by a majority of them applying 
to the Trustee, but not for a longer term than such 
house may he wanted for the use of the public schools, 
hut such permission shall only he on the conditions 
that the teacher shall report in writing to such Trustee, 
showing the number of teachers, distinguishing be¬ 
tween males and females, the number of pupils and the 
average daily attendance, and the cost of tuition per 
month to each pupil. It. S. sec. 4509. 

The use of school houses for other than school, 
literary or scientific purposes should not be encouraged. 
Yet section 6 of an act approved March 3, 1859, 
provides that a majority of the legal voters of any school 
district, may apply to the Trustee for the use of the 
school house, when unoccupied for school purposes, for 
the purpose of holding religious or political meetings, 
or other lawful purposes. The Trustee shall authorize 
the director to use the house for such purpose, giving 
equal rights to all religious denominations and political 
parties of such district. This grants permission to the 
legal voters of the school district, to petition or make 
application, and makes it obligatory on the Trustee 
when requested by a majority of the legal voters of the 
district to grant the request. But who are the legal 
voters of the district? Obviously, only such as are enti¬ 
tled to vote at school meetings. Such parties only as 
being the parents or guardians or otherwise having the 
care of children of school age, who have been attached 


PROPERTY. 


49 


to such, district for school purposes, if tax payers, except 
married women and minors. E. S. sec. 4472. 

When the act of 1859, giving the legal voters of a 
school district the right to petition the Trustee for the 
use of school houses for other than school purposes, 
was enacted, all parties who resided within the limits 
of the territory using such school house, were legal 
voters of the district, hut the law has been changed 
making all tax payers, male or female, except married 
women and minors, who have been listed as parents, 
guardians, or heads of families, voters of the districts, 
disfranchising many who were then legal voters, and 
enfranchising many others who were not then legal 
voters. 

There are, however, some grave doubts whether the 
act of 1859, above referred to, was not repealed by act 
of March 6, 1865, but our Supreme Court cite it as law 
in 48 Ind. 140, and it is therefore taken as in force. 

Upon the removal of a school site, or house from one 
location to another, or a school house is removed to a 
new site, if the land upon which the same was situated 
belongs unconditionally to the township, the proper 
Trustee shall sell the same, when in his opinion it is 
advantageous to his school corporation so to do, for the 
highest price that can he obtained therefor. And upon 
payment of the purchase money", he shall execute to the 
purchaser a deed of conveyance, which shall vest in 
such purchaser all title held by the corporation therein. 
E. S. sec. 4511. 

Trustees receiving deeds for school sites should cause 
such deeds to he recorded within forty-five days from 
their date, and carefully preserve such deeds, and hand 
them over to his successor among the books and papers 
belonging to such office. 

4 


50 


TOWNSHIP OFFICERS. 


ENUMERATION. 

The School Trustees of townships, towns and cities, 
are required between the first of March and the first of 
May in each year, to make an enumeration of the 
children, white and colored, within their respective 
school corporations, between the ages of six and twenty- 
one years, exclusive of married persons, making a sep¬ 
arate list of white and colored persons; and they shall in 
such lists give the names of parents, guardians or heads 
of families, male or female, having charge of such 
children, and opposite the name of each parent, guard¬ 
ian or head of a family, they shall in an appropriate 
column enter the whole number of children in charge 
of such person so named, giving number of males and 
number of females, and the number of the school to 
which such person is attached for school purposes, and 
the number and initials of the congressional township 
in which such person resides, including all persons 
transferred from other civil corporations, townships, 
towns or cities, and the number of their children, and 
the number and initials of the congressional township 
in which such persons reside, and excluding from such 
list the names and number of children of such persons 
as have been transferred from his school corporation 
to some other. R. S. sec. 4472. 

And the parents, guardians and heads of families, 
so listed and attached for school purposes, shall form 
the school district to which they are attached. And 
such of them as are tax payers, except married women 
and minors, constitute the legal voters of the district to 
which they are attached, may sign petitions as such, 
vote at school meetings and hold the office of Director. 
R. S. sec. 4472. In making the enumeration the 


ENUMERATION. 


51 


Trustee should include all children becoming six years 
of age before the first day of* May, and exclude all 
parties marrying or becoming twenty-one before that 
time. Parties temporarily absent should be included, 
while persons temporarily present should be excluded. 

The domicile of the parent is to be taken as the 
domicile of the child. 18 Ind. 14. The domicile of 
the child is with the guardian of his person. Both 
parents of a child may he living and he have a guard¬ 
ian of his property appointed. But if both parents he 
dead, his domicile is with his guardian. But a child 
who has been emancipated from his parents, even if 
both he living, if he have a guardian of his person, his 
domicile is with his guardian. Smart’s Com. p. 165. 
The domicile of an apprentice is the same as his mas¬ 
ter’s. R. S. sec. 6070. The domicile of children sup¬ 
ported by the county, if in the poor asylum, is such 
asylum; while the domicile of such poor children as 
may he placed in charge of a Matron for support and 
education, is the domicile of such Matron. Acts 1881, 
582; R. S. sec. 6108. 

A child becoming six years of age after the enumera¬ 
tion is taken, and consequently not included in the 
enumeration, can not for that reason be debarred from 
the privileges of the school to which he naturally be¬ 
longs, nor can a person marrying or becoming twenty- 
one years of age after the enumeration has been taken, 
claim the privilege of the schools on account of his 
being enumerated. Smart’s Com. 167. 

At the first enumeration after any change has been 
made in the location of any school house, the Trustee 
shall make inquiry of all persons whose school privi¬ 
leges have been affected by such change, to what dis¬ 
trict he desires to be attached for school purposes. But 


52 


TOWNSHIP OFFICERS. 


this inquiry need not he made hy the Trustee of any 
incorporated town or city. R. S. sec. 4472. 

REPORT OF ENUMERATION. 

Each Trustee is required on or before the first day 
of May, each year, to report to and file with the County 
Superintendent of the proper county, a copy of his 
said list and enumeration, with his affidavit endorsed 
thereon, to the effect that the same is to the best of his 
knowledge and belief, full and accurate, and that the 
enumeration does not include persons who are less than 
six nor more than twenty-one years of age. R. S. sec. 
4475. 

The strictest care should he observed in making this 
report, to show the exact number of children of school 
age in each congressional township within his corpora¬ 
tion, otherwise it will he impossible to make a fair dis¬ 
tribution of the congressional township revenue. A 
congressional township may be included within the 
limits of several civil or school townships, and parts of 
several congressional townships may be included within 
one school corporation, and the number of children in 
each of these congressional townships must be shown 
in the report to the County Superintendent. 

When a congressional township is located in two or 
more counties, the proper Trustee in each portion there¬ 
of, in the several counties, shall report to the County 
Superintendent of the county in which such congres¬ 
sional fund is managed. This is usually the county in 
which the congressional land sold is situated. R. S. 
sec. 4476. The only thing required in this report is 
the enumeration of that part of his corporation within 
such congressional township, as well as all transfers 


ENUMERATION. 


53 


from other corporations within such congressional town¬ 
ship. The Trustee should, in all such cases, ascertain 
the whole number of children within such congres¬ 
sional township, as well as the whole revenue of the 
same, and collect his pro rata share thereof. 

For any failure of the Trustee to make the report of 
enumeration and forward same to the Superintendent, 
as specified in sec. 16, or report the finances required 
by sec. 17, twenty-five dollars shall be deducted and 
withheld from said delinquent Trustee, and the Auditor 
shall withhold the warrant for the residue of the money 
apportioned to his township, town or city until such 
delinquent report is duly made and filed, and said 
Trustee shall be liable on his official bond for said 
twenty-five dollars, and any additional damages which 
the corporation may sustain by reason of the stopping 
of said money, for which the County Commissioners 
may sue. R. S. secs. 4473; 4441; 4796; 4451. 

Failure to report to the County Superintendent the 
number of children residing in each congressional town¬ 
ship, or part thereof within his corporation, or to report 
same to the Superintendent of any other county in 
which any congressional school fund belonging to his 
corporation is managed, shall be liable to the same 
penalty as above stated, and for any other failure to 
discharge any of his duties, relative to the schools of 
his corporation, shall be liable to prosecution by any 
person in the name of the State of Indiana, and there 
may be recovered, for the use of the school funds, any 
sum not exceeding ten dollars for any failure. R. S. 
sec. 4452. 


54 


TOWNSHIP OFFICERS. 


TRANSFERS FOR SCHOOL PURPOSES. 

Transfers are made for the accommodation of the 
patrons of the schools, and consists in enumerating or 
listing a person residing in one school corporation in 
another, when, in his judgment, and in the judgment 
of the Trustee making the same, he can have better 
school accommodations. The Trustee of the corpora¬ 
tion in which the person resides, makes the transfer, 
when taking the enumeration of his school corporation, 
by leaving them off his list and notifying the Trustee 
of the corporation to which the transfer is made, fur¬ 
nishing, in such notice, the enumeration of the chil¬ 
dren of the person so transferred. The Trustee being 
careful when reporting his enumeration, to show the 
persons transferred to his township, town or city for 
school purposes, indicating in said report the number 
of children in charge of the persons transferred. R. S. 
sec. 4474. 

The basis of the apportionments of the school reve¬ 
nue is found from the reports of enumeration and 
transfers. The congressional revenue, belonging, as it 
frequently does, to several distinct school corporations, 
must depend upon the enumeration and proper report 
of transfers for an equitable distribution, and Trustees 
should on no account fail to make such reports full and 
complete. R. S. sec. 4476. 

The notice of transfer may be in the following form: 

To A B , Trustee of - Township: 

At the request of C D, I have transferred him to your 
township for school purposes. His children of school 
age are as follows: Three males and four females. 
He desires to be attached to school Ho. 4. CD resides 



TRANSFERS. 


55 


in congressional township No. 3 North, Range 4 West. 
April 10, 1882. 

E F, Trustee-township. 

It is not only the duty of the School Trustee to 
report to the County Superintendent the transfers made 
to his school corporation, hut he should see that the 
Superintendent properly reports the same to the County 
Auditor, in order that parties who share in the benefits 
of the schools, within his corporation, shall bear their 
part of the burthen. When the report of transfers is 
made to the County Auditor, it is made the Auditor’s 
duty to extend the special school tax, and special or 
local tuition tax to the property and poll of the person 
transferred, according to the rate and levy thereof in 
the township, town or city to which the transfer is 
made, and for its use; and said taxes shall he collected 
as other taxes are collected, and shall he paid, when 
collected, to the Treasurer for school purposes of the 
proper township, town or city, upon the warrant of the 
County Auditor. R. S. sec. 4468. 

It is the practice in some parts of the State for the 
civil officers of towns and cities, to take charge of any 
local tuition tax which may belong to their respective 
towns or cities, inasmuch as they and not the school 
Trustees assess such tax. That is in plain derogation 
of the statute: “The funds arising from such tax shall 
be under the charge and control of the same officers, 
secured by the same guarantees, subject to the same 
rules and regulations, and applied and expended in the 
same manner as funds arising from taxation for com¬ 
mon school purposes by the laws of the State.” R. S. 
sec. 4470. On this point Superintendent Hopkins uses 
the following language: This is a fund raised for 



56 


TOWNSHIP OFFICERS. 


common school purposes by the laws of the State, and 
the law is very plain as to what officers shall collect 
and disburse it, as to what guarantees shall he given 
to secure it, as to the general rules and regulations 
governing its collection and disbursement, etc., and 
since the tuition tax is to be managed in like manner, 
the conclusion, that the tuition tax should be extended 
to the property in the township of the transferred per¬ 
son, is inevitable; also, that it should he controlled by 
the county officers, and township and School Trustees. 
Smart’s Com. 184. 

No transfer can he made after the first day of May, 
when the enumeration is completed, nor can transfers 
he made at any other time, than when the enumeration 
is being made, and parties who desire to he attached to 
any particular school can only he so attached, when he 
is listed, and his children enumerated. The language 
of the statute is very emphatic on the subject. It re¬ 
quires the Trustees in making the first enumeration 
under the law, after the taking effect of the act, to in¬ 
quire of each person whose name he so lists, to which 
school he or she desires to be attached, and such per¬ 
sons, upon making their selection, shall he considered 
as forming the school district of the school selected, and 
none shall he allowed thereafter to attach themselves to, or 
have the 'privilege of any other school hut by the consent of 
the Trustee, for good causes shown. R. S. sec. 4472. 

The Trustee should inquire of every head of a family 
at any subsequent enumeration, who is then listed for 
the first time, and in all cases of change of residence or 
change of the location of school houses, or any other 
change affecting school privileges, to which school he 
desires to be attached. Id. In incorporated towns 
there is no law which gives to the heads of families the 


TRANSFERS—TEACHERS. 


57 


right to determine to which one of the several schools 
they will send their children, when there are more than 
one school in the town or city, these matters are 
managed by the Trustees exclusively. 42 Ind. 206. 

When a person is transferred from another county, 
the Trustee should procure from the Auditor of such 
other county, a list of all taxable property charged 
against such person upon the tax duplicates of such 
county, in the township of such person’s residence, 
both real and personal, and poll, and compute and 
charge tax at the rate of levy in the corporation to 
which such person is transferred, upon such property 
and poll liable to tax, according to the valuation of 
such property by the proper assessor; and the Trustee 
shall collect the same from such person, and upon 
default of payment of such taxes, such person shall be 
debarred from all educational privileges. The Trustee 
should make the payment a condition precedent, as the 
law provides no other means to enforce its collection. 
R. S. sec. 4474. 

The Trustee should compute upon the property and 
poll of a person transferred from another county, not 
only the “special school” tax, but also the “local tui¬ 
tion” tax, if any is levied. See Smart’s Com. 181, 
et seq. 


EMPLOYMENT OF TEACHERS. 

hTo part of the Trustee’s duty is more important than 
the employment of the school teacher. The whole 
burden, responsibility and credit, if he gets any, belongs 
to the Trustee. Sec. 4444 of the school law imposes 
this duty upon him, and no action taken by the patron 
can relieve him. 


58 


TOWNSHIP OFFICERS. 


Under tlie Acts of 1865, power was given to school 
meetings to designate the teacher they wished to have 
employed, but in 1873 the law was changed in that 
regard, making it the Trustee’s duty alone, not only to 
select but to employ the teacher. R. S. secs. 4444; 4501. 

The only power left to school meetings touching the 
selection and employment of teachers, is to hold a school 
meeting, regularly called, and if they decide by a ma¬ 
jority vote of parties entitled to vote at such meeting, 
they do not wish any particular party employed as a 
teacher, the Trustee, if the fact is certified to him, may 
not employ such party as a teacher in such school. R. 
S. sec. 4501. 

The Trustee can employ no teacher unless such per¬ 
son shall have a license to teach, issued by the County 
Superintendent or the proper State authority, and in 
full force at the date of the employment. Should a S 
teacher commence teaching without such license, or a 
Trustee employ him, the school revenue for tuition may 
not be used to pay for services so rendered. The ex¬ 
piration of a license during the term of a school, if in 
force at the date of employment, if it expires by its own 
limitation, shall not have the effect to stop the teacher’s 
pay. Id. 

The revocation of a license during a term of school 
shall terminate the school which such teacher may have 
been employed to teach. R. S. sec. 4426. The teacher 
whose license is revoked, shall be paid up to the date 
of the revocation, but no longer; and the Trustee 
should at once employ some other licensed teacher to 
finish the term of the school. 

The provision of sec. 4501 giving to regular school 
meetings the right to decide whom they do not wish to 
teach their school, followed, as it is in the same section 


TEACHERS. 


59 


and sentence by the further provision, that the teacher 
may be dismissed after the school is commenced, on a 
petition of such voters “upon good cause shoivn,” would 
indicate that the legislature intended that the “good 
cause shown” should be some fault or failure in the 
teaching or management of the school. After suffering 
the teacher to be employed without objection, it is too 
late afterwards to say they do not desire him to teach 
for any other cause, than such as may be developed 
after his employment. 42 Ind. 206. 

When a petition is presented to a Trustee for the 
removal of a teacher, he should require the petitioners 
to succinctly state the causes for which they desire the 
teacher dismissed, when the Trustee should serve or 
cause to be served, a notice upon such teacher, setting 
forth such cause or causes, as stated in the petition, and 
give the teacher time and opportunity to vindicate him¬ 
self, requiring the petitioners to make good their 
charges. It is the duty of the Trustee to decide upon 
the issues. It is his duty in the first instance to decide 
whether the charges preferred are sufficient, if proved, 
to warrant the dismissal of the teacher; if not, he should 
at once so inform the petitioners, and refuse to investi¬ 
gate. If in his opinion the charges are sufficient, he 
should set a time for the hearing of them and notify 
the teacher of the same. In the trial the teacher is 
presumed to be faultless until the charges are proved as 
made. No other charges than those of which the 
teacher had notice, should be permitted to be proved. 
R. S. sec. 4501. 

Either party feeling aggrieved by the decision of the 
Trustee may appeal to the County Superintendent, who 
shall promptly receive and determine the same accord- 


60 


TOWNSHIP OFFICERS. 


ing to the rules which govern appeals from Justices of 
the Peace to Circuit Courts, as far as applicable, and 
the decision of the County Superintendent shall he final. 
1 R. S. 1876, 814, sec. 164; R. S. sec. 4501. 

Sec. 4501 does not apply to Trustees of towns or cities, 
in reference to appeals to the County Superintendent in 
dismissing teachers, for the reason that such Trustees 
are not empowered by the statute to dismiss teachers at 
all, the right of appeal provided for in that section was 
only intended to he commensurate, and only commen¬ 
surate so far as it relates to the dismissal of teachers, 
with the power of dismissal vested in the Trustee. 42 
Ind. 208. The Supreme Court however in the same 
decision, go on to say: “It does not follow that because 
the School Trustees of incorporated towns and cities are 
not authorized by statute to dismiss teachers, they have 
no power or authority to do so. * * 

A teacher, doubtless, like a lawyer, surgeon or physi¬ 
cian, when he undertakes an employment, implicitly 
agrees that he will bestow upon the service a reason¬ 
able degree of learning, skill and care, * * * 

that he has the learning necessary to enable him to 
teach the branches that are to he taught therein, as 
w 7 ell as that he has the capacity in a reasonable degree 
of imparting that learning to others, * * If a 

teacher * * proves to he incompetent, and unable 

to teach the branches of instruction he has been em¬ 
ployed to teach, either from a lack of learning or from 
an utter want of capacity to impart his learning to 
others; or if in any other respect, he fails to perform 
the obligation resting upon him as such teacher, 
whether arising from the express terms of his contract, 
or by necessary implication, he has broken the agree- 


TEACHERS. 


61 


ment on his part, and the Trustees are clearly author¬ 
ized to dismiss him from such employment.” 42 Ind. 
210 . 

The notice given to a teacher on petition for removal 
may be as follows: 

To A B , teacher in District No .— of - Township, - 

County: 

You will take notice that a petition signed by a 
majority of the legal voters of your district, praying 
for your dismissal from employment as a teacher in 
such district, was this day presented to me. The causes 
assigned for your dismissal are as follows: (here insert 
causes as assigned.) The charges will be investigated 

on the-day of-188—, at-o’clock-M. At 

which time you are invited to be present at your school 
house to answer to the same. 

Dated this-day of-188— C D, Trustee. 

The record of Trustee in case of a petition to dismiss 
a teacher may be as follows: 

In the matter of petition to dismiss , 1 Before me - 

A B, as teacher , District No. -/ January -188— 

Come now the petitioners herein, and comes also A 
B, teacher, and for plea herein says that he is not guilty 
as charged, and that the causes assigned are not true as 
charged in said petition, and issue being joined herein, 
and the matter coming on for investigation and trial, 
the proofs and allegations being heard, and being fully 
and sufficiently advised, I find A B guilty as charged 
(or not guilty as charged as the case may be). It is 
therefore ordered that the said A B, teacher, be, and he 
is hereby discharged from his employment as teacher in 













62 


TOWNSHIP OFFICERS. 


District No.—, and that he proceed at once to make to 
me his report as required by section 20 of the school 
law, and forthwith surrender the key of the school 
house in said district. 

And comes now A B and prays an appeal to the 
County Superintendent, which is granted. 

C D, Trustee. 

January— * —188—. I this day certified a transcript of 
the proceedings in the petition of the legal voters of 
District No.—, against A B, also forwarded all original 
papers in same to County Superintendent. 

C D, Trustee. 

Februaiy-188—. I this day received from the 

County Superintendent the following communication. 

“ C D, Trustee of - Township of - County: 

You are hereby notified, that in the matter of peti¬ 
tioners of the legal voters of District No.— of your 
township, against A B, teacher. Your decision therein 
is affirmed.” 

E F, County Superintendent. 

The above is a true copy. C D, Trustee. 

SELECTION OF A TEACHER. 

Section 4501 of the school law, inhibiting the Trustee 
from employing an unlicensed party to teach, should 
not lead the Trustee to presume that every person hold¬ 
ing a license from the proper county or State authority, 
can teach. The license warrants no such thing. True, 
the party granting the license should be, and perhaps 
is satisfied that the applicant possessed sufficient knowl- 





TEACHERS. 


63 


edge of the branches of learning upon which he was 
examined to enable him to teach them successfully, and 
is possessed of a good moral character; but how is the 
Superintendent to learn these things? He is required 
to hold at least one public examination in each month 
throughout the year, and is positively prohibited from 
granting a license at private examination. R. S. sec. 
4425. This may and frequently does crowd upon the 
Superintendent, from forty to sixty applicants for 
examination in one day. He is required by section 34 
of the school lqw, to examine all these applicants by a 
series of written or printed questions, and require the 
answers to be in writing. In addition to these ques¬ 
tions, if he has time, which seldom happens, the Super¬ 
intendent may ask questions and require them to he 
answered, orally. He is then required “from the ratio 
of correct answers, and other evidences disclosed by the 
examination,” to determine whether such applicant 
possesses sufficient knowledge to teach successfully or 
not and to govern a school, and to grade the license 
upon these bases alone. R. S. sec. 4425. 

While the Trustee may not employ an unlicensed 
teacher the license alone is no warrant of the teacher’s 
fitness to teach and govern the school. The circum¬ 
stances under which the examination is conducted,.the 
great number which may apply at the same time, and 
the manner in which the Superintendent is circum¬ 
scribed by the law itself, render it impossible for the 
Superintendent to form any correct and reliable esti¬ 
mate upon the applicant’s competency or fitness to teach 
or govern a school. Hence, the Trustee who looks no 
further than simply to learn that the applicant has a 
license, but poorly discharges his duty. 

The Trustee, to discharge his duty in the selection of 


64 


TOWNSHIP OFFICERS. 


teachers, should be thoroughly acquainted with the ex¬ 
act status of the school, both as to learning and 
discipline, and select his teacher with a view to meet 
the wants of the situation. The report of the last 
teacher in any school, can not be taken as a guide. 
The Trustee should visit the school, and judge of its 
grade and discipline for himself, and select his teacher 
accordingly. When the Trustee selects any teacher, he 
should at once let the patrons of the school for which 
the selection is made, know the fact of such selection, 
giving them time as the law gives them the right, to 
veto such selection. R. S. sec. 4501. 

CONTRACT WITH THE TEACHER. 

While the law on the subject of contract between 
the Trustee and teacher is not given in any part of the 
school law, supplemental section f requires the contract 
to be in writing, and to specify that such teacher shall 
attend the full session of each township institute held 
in such township, during the term of his employment, or 
forfeit one day’s wages for every day’s absence therefrom, 
unless such absence shall be occasioned by sickness. 1 
R. S. 1876, 816, sec. 9. This contract should not only 
be in writing, but be of record. The school law enters 
into, and becomes a part of the contract, binding alike 
upon both parties to it. Smart’s Com. p. 158. 

If the teacher be a minor, his contract will bind him. 
Id. 159. 

The contract may be substantially as follows: 

Article of agreement made and entered on this- 

day of-188—, by and between A B, a regularly 

licensed teacher, in said county of the first part, and 




TEACHERS. 


65 


C D, Trustee of-township, as School Trustee, of 

the second part, 

TVTtnesseth, That the party of the first part agrees 
to teach-school in District No.-, of said town¬ 
ship, for the term of-months, of twenty days each, 

teaching five days in each week, for the sum of- 

dollars per day, or-dollars per month, and- 

commencing on the-day of-, 188—; —he further 

agrees that —he will faithfully instruct and impartially 
govern all pupils that may attend the same; that —he 
will inflict no cruel or unusual punishment, but will, to 

the best of-ability, enforce order and discipline in 

the school and punctuality in attendance and recitations, 
and make a full, true and accurate report to the party 
of the second part, or his successor, as required in sec. 
20 of the school law. And the party of the first part 
further agrees to conform strictly to the rules and regu¬ 
lations now established for the government of such 
school, and that —he will honestly endeavor to keep in 
good condition the school house in which —he shall 
teach, and the grounds connected therewith, as well as 
all furniture, hooks, maps, charts and all other appa¬ 
ratus and appliances connected with or belonging to the 
same, and at the close of the term of this contract, to 
deliver the same to the party of the second part, or his 
successor, in as good condition as when received, the 
waste and wear, by careful use, excepted. 

And the party of the second part, as School Trustee, 
agrees to furnish and keep in repair the school house 
in said district in which said school is to he taught, and 
see that the same is properly furnished with fuel, fur¬ 
niture, and all other necessary articles as required by 
sec. 10 of the school law, and to pay the party of the 
first part, at the close of h— term of employment, the 

5 












66 


TOWNSHIP OFFICERS. 


amount of h— salary at the rate of-per month 

during the term of actual service performed, as teacher 
in said school, to he paid upon the receipt of h— report 
made and verified according to law. 

And the party of the first part further agrees, for 
and in consideration of the premises, and the compen¬ 
sation for services herein set forth, to attend each and 
every township institute held hy order of the party of 
the second part, not to exceed two in any one month, 
and failing to do so, unless prevented hy sickness, to 
forfeit, from h— salary as teacher, one day’s wages for 
each such failure. 

And it is mutually agreed, by and between the parties 
hereto, that the school law now in force, or which may 
he enacted during the continuance of this contract, 
shall be taken and considered as part hereof, each party 
hereby binding himself to discharge his whole duty 
as therein required and defined, assuming all the bur¬ 
dens therein imposed. 

In Witness Whereof, The parties have hereunto 
subscribed their names the day and year first above 
written. 

A B, Teacher. 

C D, Trustee of-township. 

This form of contract may he modified to suit a con¬ 
tract for a town or city school, omitting that part bind¬ 
ing the teacher to attend township institutes, as there 
is no provision of the law requiring teachers of towns 
or cities to attend the township institute of the town¬ 
ship in which they may he situate. Incorporated towns 
and cities are separate school corporations, distinct 
from the school corporation of the township in which 
they are situate. Smart’s Com. 30. There is no law 




TEACHERS—INSTITUTES. 


67 


authorizing the holding of town or city institutes, nor 
are the teachers of towns or cities required, by any 
provision of law, to attend them if held. 

Teachers are not required to teach on the legal holi¬ 
days. The Fourth of July, Thanksgiving day, Christ¬ 
mas and New Years; and in the absence of a contract 
to the contrary, they can draw pay for such holidays. 
Smart’s Com. 202. 

This will, in part, compensate for the teacher’s servi¬ 
ces at township institutes, where he is required to serve 
without pay, under the penalty of forfeiting a day’s 
wages if he does not. 

TOWNSHIP INSTITUTES. 

It is made the duty of the Township Trustee to 
devote one Saturday, at least, in each month, while the 
schools of his township are in progress, to township 
institutes, or model schools for the improvement of 
teachers. He may, in his discretion, set apart two 
Saturdays in each month for such purpose. 1 R. S. 
1876, 816, sec. 9. 

This act applies exclusively to the common schools of 
the township, and does not apply to the Trustees or 
teachers of towns or cities; and yet if it he a good 
thing for country schools, it should reach the towns 
and cities. Smart’s Com. 193. 

The Township Trustee, while he should attend such 
institutes, can not preside over them. Indeed the posi¬ 
tion of a Trustee at a township institute is not defined 
by statute, except that it is made his duty to designate 
the presiding officer. This may be a teacher or some 
other person designated by the Trustee. He should 
mark all absentees, as each teacher absent from such 


68 


TOWNSHIP OFFICERS. 


institute, unless sucli absence is occasioned by sickness, 
forfeits one day’s wages. 1 R. S. 1876, 817. 

The teacher can not receive pay for his attendance 
at the township institutes. The object of township 
institutes is the improvement of the teacher. It is, 
besides, part of his contract, and he must abide by it. 
56 Ind. 157. 

The mere presence of a teacher at a township insti¬ 
tute is not all that the law requires of him, he must, if 
called upon, and an opportunity is afforded him, take 
part in the exercises, and perform such reasonable exer¬ 
cises and duties as may be assigned him, or if called 
upon by the trustee he must preside, and, so far as a pre¬ 
siding officer may, take charge of the institute. His 
duties at a township institute are not those of an idle 
spectator. He must work, if reasonable service is re¬ 
quired of him either by the presiding officer or Trustee, 
or his presence goes for naught. Smart’s Com. 194. 

The Trustee should require all the schools in his cor¬ 
poration to be closed during the sessions of county 
institutes. The teacher who teaches during the county 
institute can not be paid for such services. 1 R. S. 
1876, 814. 


JANITORS. 

It is often a perplexing question with Trustees, es¬ 
pecially in the rural districts, whether or not it is right 
and proper to employ janitors. Whether the increased 
advantages to the school will justify the necessary ex¬ 
pense. It seems to be the opinion of our best educa¬ 
tors that it is money wisely and judiciously expended. 

Professor Smart, in his commentary, quotes the fol¬ 
lowing language of ex-supt. Hopkins on the subject: 


JANITORS. 


69 


“ The compensation of teachers in the rural districts 
is not such as to justify the expenditure on their 
part. The teacher is often unable to procure hoard 
near the school house, but is necessitated to aceept it at 
a distance of one or two miles; under these circum¬ 
stances the labor to him would be quite inconvenient. 

' Something is economized in money; more 
is lost in the quality of instructions.” 

Custom may he pleaded as an apology for requiring 
the teacher to he his own janitor; but custom is not 
law. In this instance it is far from being even policy. 

It is no part of a teacher’s duty to build fires and 
sweep his school room. If he does his duty as a 
teacher, the time required for janitor’s duties, should 
be devoted to preparing, by review, the lessons for the 
day. Secs. 10 and 20, taken and construed together, 
would seem to indicate that the school director, under 
the general supervision of the Trustee, should see that 
the janitor’s duties are properly performed. Sec. 1 K. 
S. 1876, pp. 782 and 788. 

It is made the director’s duty, by sec. 20, to provide 
fuel, and to make all temporary repairs of the school 
house, and it is as much the duty of the Trustee to see 
that the director, or some other person, places the fuel 
in the stove and that the room is swept and made clean 
and comfortable, as it is to furnish fuel and brooms for 
the purpose. “ In the absence of an agreement between 
the Trustee and teacher, that the latter is to perform 
janitor’s service, I think that he can not be compelled 
to do so.” Smart’s Com. 202. 

We believe it is the universal custom in towns and 
cities for the Trustees to employ janitors. And yet the 
need of a janitor in the country schools is greater and 
more obvious. The teacher may not be able to obtain 


70 


TOWNSHIP OFFICERS. 


board near enough to enable him to reach his school 
house in time to build the fires and sweep before the 
hour of opening his school, and be compelled to leave 
again in the evening as soon as his school closes, leaving 
his school room unswept and the fires in a dangerous 
condition. This is not taking that care of school 
property which the law requires. Neither the Trustee 
nor director discharges his duty under the circumstan¬ 
ces. And if the school house, in such a case, should be 
destroyed by fire, the Trustee would be responsible for 
its loss. 1 R. S. 1876, 788, sec. 30. 

CONGRESSIONAL TOWNSHIP LANDS. 

When congressional township lands are not sold but 
leased or rented for the benefit of schools in such town¬ 
ship, the care and custody of such lands belong to the 
Trustee of the civil township in which such land is. 
situated. Such Trustee is required to report annually > 
on or before the fourth Monday in March, to the 
County Auditor, giving therein an itemized statement 
of such rent. Showing to whom and upon what terms 
rented, giving the name of each tenant, showing the 
amount collected, the amount, if any, not collected, giv¬ 
ing the reason for such failure to collect. The amount 
of school funds (revenue) for any one year, to which 
such township might otherwise be entitled, shall be 
withheld and not paid over to such Trustee, if the 
rental value of said lands for such term shall equal or 
exceed the township’s otherwise portion of the school 
fund. The Trustee must pay to the County Treasury 
all rents collected by him. 1 R. S. 1876, 794. 

Upon written direction so to do, or by a vote of a 
majority of the voters of the congressional township > 


CONGRESSIONAL TOWNSHIP LANDS. 


71 


the Trustee may lease such lands for a term not to 
exceed seven years, reserving rents, payable in property 
or improvements upon the land. Id. 

When the sixteenth section or land granted in lieu 
thereof shall he divided by a county or civil township 
line, or when the sixteenth or substituted section is 
situate in any other county, the voters of the congres¬ 
sional township to whom the same belongs, shall desig¬ 
nate by vote, or written direction of a majority, which 
of the Trustees of the civil townships, including a part 
of such section, shall have the care and custody of such 
lands. And the Trustee thus chosen shall have the 
same powers and perform the same duties, as if the 
entire section of land was situate within his own town¬ 
ship. 1 R. S. 795, sec. 46. 

The Trustee in renting, enforcing contracts, prevent¬ 
ing wastes or damage, shall, in his official name, have 
all the powers of a landlord. See. 47. 

Upon the petition of five voters of the congressional 
township, to the Trustee having charge of congressional 
lands, requesting the sale of all or any part of such 
land, it is the Trustee’s duty to give notice in five 
public places in such township, stating in such notice, 
the time and place in such township, when and where 
a balloting will be had to determine whether such 
land shall be sold, as petitioned for, or not. This notice 
must be given for twenty days. Sec. 48. 

The record to be kept by the Trustee of such pro¬ 
ceedings may be as follows: 

In the matter of the 'petition to sell the lands in Section 16, 

T — N, B— W. 

May 30, 188—. At this time comes A B, C D, et al 
and file and present their petition, in the words and 


72 


TOWNSHIP OFFICERS. 


figures following: (Here insert petition.) On the same 
day I issued a notice in the words and figures following 
and recorded the same herein : 

“To the citizens of congressional township No. - Norths 

Range No. - West : 

You are hereby notified that on the-day of-, 

188—, at school house No. -, in-township, a 

poll will be opened and balloting had to determine 
whether the land in section sixteen (16), within said 
congressional township, shall be sold, as petitioned for, 
or not. At which balloting, each voter favoring the 
sale shall write on his ballot the word ‘sale,’ if he 
oppose the sale, he shall write the words ‘no sale.’ ” 

G H, Trustee. 

Dated May 30, 188— 

May 31,188—, I posted five copies of the above notice 
in five public places in said congressional township, viz: 

One at-, one at-, etc., (naming the five places), 

at least twenty days before the time specified for such 
balloting. 

On the-day of-, 188—, the day designated 

for .said balloting I was present at the same, and at the 
close thereof I found the result thereof as shown in the 
following certificate, issued by me: 

Township of -r, County of -, ss: 

I, G H, Trustee of said township, certify that at a 
balloting held in pursuance of a petition and notice 
above cited, there were cast fifty ballots containing the 
word “sale” and thirty-five ballots containing the words 
“no sale,” there being in all, of the legal ballots cast, 














CONGRESSIONAL TOWNSHIP LANDS. 


73 


eighty-five, whereby it is made to appear that a majority 
of all the votes cast favor the sale of the lands in sec¬ 
tion sixteen, town No.-north, range No.-west. 

Given under my hand this-day of-, 188— 

G H, Trustee. 

Having recorded the certificate as shown above, I 
filed the original in my office. 


On the-day of-, 188—, I proceeded to divide 

the lands in said section sixteen, and being of the opin¬ 
ion that said lands would sell more readily in tracts 

of-acres, I so divided them, and have affixed the 

minimum price at-dollar—and-cents per acre*, 

as shown by the following plat or diagram: (Here 
should follow a plat showing the section, division and 
sub-divisions as made by the Trustee, and upon the 
face of each sub-division, the number of acres and 
minimum price per acre should be written.) 

It is made the Trustee’s duty to certify this appraise¬ 
ment and division to the proper County Auditor, to¬ 
gether with a copy of all the proceedings in relation to 
the sale of such lands. 1 R. S. 1876, 796. 

The same proceedings would be necessary in the sale 
of any other lands granted in lieu of section sixteen. 

In cases where the congressional township contain¬ 
ing the sixteenth section to be sold, or to which land 
granted in lieu thereof belongs, lies in more than one 
civil township, the petition for the sale of such land 
shall be presented to the Trustee having charge of such 
land as shown above; and when such congressional 
township is cut by county lines so that parts of such 


*The minimum price can not be less than $1.25 per acre. See sec. 53, school 
law. 












74 


TOWNSHIP OFFICERS. 


township are in two or more counties, the Trustee hav¬ 
ing charge of such lands, shall certify the proceedings 
had before him touching the sale of said lands, to the 
County Auditor of the county in which such lands are 
situate. 1 R. S. 1876, 796, sec. 46. 

Such certificate shall be by the County Auditor, laid 
before the Board of County Commissioners at the next 
regular session thereafter, and the Board, if satisfied 
that the law has been substantially complied with, shall 
order such lands to be sold. The Auditor and Treas¬ 
urer make the sale. For further proceedings in sale, 
see Clarke’s Real Property, p. 18. 

The language of section 44 of the school law, 1 R. S. 
1876, 794, is a little ambiguous. It would seem that 
the Trustee of the civil township, and not of the 
school township, was required to take charge of the 
congressional school lands. The ambiguous language 
is “ The custody and care of all lands belonging to the 
congressional township fund shall be with the Trustee 
of the civil township .” The words u civil township ” is 
obviously used merely to distinguish it from the con¬ 
gressional township. The congressional township is a 
corporation distinct alike from both civil and school 
township. The latter two are known and recognized 
as public corporations, (1 R. S. 1876, 780, sec. 4; 8 Ind. 
504; 46 Ind. 580; 26 Ind 487,) while the former is 
declared to be a private corporation. 6 Ind. 88. 

The congressional revenue is part and parcel of the 
revenue for school purposes, it is specially set apart 
for tuition purposes. Section 7 of the school law has 
the following language: “ The school Trustees of every 

township, incorporated town or city shall receive the 
special school revenue belonging thereto, and the 
revenue for tuition which may be apportioned to his 


TOWNSHIP LANDS—BONDS. 


75 


township, town or city. 1 E. S. 1876, 781. The 
Supreme Court say: “It is the policy of the school 
law that all school funds are to he distributed to the 
beneficiaries thereof, through and from the county treas¬ 
ury to the proper officers of the various school copora- 
tions. 44 Ind. 38. 

The civil township is not responsible for the custody 
and care of special school revenue, and a suit brought 
against a civil township for misapplication of such fund 
would not lie. The Township Trustee, as Trustee of 
the civil township has no authority to execute a con¬ 
tract, or incur a liability for the benefit of the property 
of the school township, of which he is also Trustee. 
54 Ind. 184. An action can not he maintained against 
a civil township on a contract with a school township. 
62 Ind. 230. 


TOWNSHIP BONDS. 

In all cases where any person shall give and bequeath 
to the Trustees any sum of money exceeding five thou¬ 
sand dollars, for the purpose of erepting a public school 
building or seminary in any unineoporated town in this 
State, and upon the express or implied condition con¬ 
tained in such bequest, that an amount equal thereto 
shall he raised* by the citizens of said town or township 
for a like purpose, the Township Trustee of said town¬ 
ship, in which such town is situate, shall, upon the 
petition of a majority of the legal voters of said town¬ 
ship, he authorized to prepare, issue and sell bonds of 
said township to secure a loan not to exceed fifteen 
thousand dollars. These bonds may be issued in antici¬ 
pation of the special school fund, then levied or to be 
thereafter levied, for the purpose of complying with 


76 


TOWNSHIP OFFICERS. 


the terms of such bequest. The rate of interest on 
such bond shall not exceed seven per cent, per annum, 
payable at any time within seven years. A new issue 
of such bonds can not he made until the tirst issue shall 
have been redeemed. Acts 1877, 126. 

In determining the number of legal voters of the 
township, the votes given at the last election for con¬ 
gress, in the township, shall be deemed the whole 
number of voters. 

The petition upon which a Trustee may act in such 
case, must he signed by a majority of the legal voters of 
his township, ascertained as shown above, and to the 
petition shall he attached such affidavit or affidavits as 
such Trustee may deem necessary, showing that the 
signatures of all the names to said petition are gen¬ 
uine, and that the persons signing are legal voters of 
such township. Sec. 2. The Trustee should enter in 
his township record, the petition with the names 
attached, and file and preserve said petition. 

The record entry may he as follows: 


In the matter of a petition of divers citizens praying for 
the issuing of bonds , etc ., 

Come A B, C D, et al. two hundred in*all, who claim 

to he citizens and legal voters of-township, and file 

and present their petition in the words and figures fol¬ 
lowing: (Here insert petition, names of signers and 
affidavits.) And it appearing to my satisfaction that 
all the signatures to the said petition, are genuine, and 
the names of legal voters of said township, and that 
the parties whose names appear to such petition consti¬ 
tute a majority of all the legal voters, it is therefore, 



BONDS OF CITIES AND TOWNS—TOWNSHIP BONDS. 77 

Ordered , that four bonds of five hundred dollars each, 
payable in one year, four bonds of five hundred dollars 
each, payable in two years, two bonds of one thousand 
dollars each, payable in three years, etc., (giving the 
whole issue, none of which shall run beyond seven 
years,) each of said bonds having seven per cent, 
interest. 

G II, Trustee. 

The bond may be substantially in the form given for 
Board of Commissioners. 1 R. S. 1876, page 385. 

BONDS OF CITIES AND TOWNS. 

It is provided by act approved March 8, 1873. 1 R. 

S. 1876, 343, when the school Trustees of any city or 
incorporated towm have incurred debts in the purchase 
of any grounds, or in the erection of school buildings, 
or have commenced to erect any school buildings, and 
such Trustees shall not have the necessary means with 
which to pay for such grounds or complete such build¬ 
ing, or to pay for the purchase of ground and buildings 
for school purposes, or to pay a debt incurred for any 
such purpose, the Common Council of any such city, 
or the Board of Civil Trustees of such town, may, on 
the filing, by the school Trustees of such city or town, 
of a report under oath, with such Common Council or 
Board of Civil Trustees, showing the estimated or actual 
cost of such ground or building or both, or the amount 
of such debt, pass an ordinance authorizing such Com¬ 
mon Council or Board of Trustees, to issue bonds of 
such city or town not exceeding in the aggregat Q, fifty 
thousand dollars, in denominations not less than one 
hundred nor more than one thousand dollars, payable 


78 


TOWNSHIP OFFICERS. 


any place designated in the bonds, the principal in not 
less than one nor more than twenty years, and the 
interest annually or semi-annually as therein provided; 
and such Common Council or Board of Civil Trustees, 
may from time to time negotiate and sell so many of 
said bonds for the purpose for which they were issued, 
at not less than ninety-four cents on the dollar. The 
proceeds of # the sale of said bonds shall be paid to the 
school Trustees of such city or town for the purpose of 
paying such debt or erecting such building, upon such 
school Trustee executing a bond in a penalty not less 
than the full amount of said money, payable to the 
State of Indiana, and to the approval of the County 
Auditor, conditioned for the faithful application of the 
money, and such Trustees shall he liable on such bonds 
for waste or misapplication thereof the same as for 
school revenue. Sec. 2. The Board of Trustees who 
avail themselves of the benefits of this act are author¬ 
ized and required to levy annually a special additional 
tax in the same manner and at the same time, that 
other taxes are levied, sufficient to pay the interest on 
such bonds, and the principal of those falling due, and 
such tax when collected shall he applied to no other 
purpose than the payment of interest and the prin¬ 
cipal of said bonds. And the official bonds of city or 
town treasurer shall he construed to cover and include 
revenue arising from this source. Sec. 8. 

Persons residing outside of the corporate limits of 
such city or town, and elect to be transferred to such 
city or town for educational purposes, or who shall 
send their children to be taught in any such school 
building, shall, with their property, be liable to such 
tax as if they resided in such city or town, “on all 



BONDS OF CITIES AND TOWNS. 


79 


property owned by said person in the township where 
such city or town is located.” Id. 

The last clause would seem to prevent the tax from 
being extended to the property of any one transferred 
to such city or town for school purposes, unless such 
property was in the same township with the city or 
town. 

The School Trustee may admit to such school, pupils 
residing outside, although not transferred for school 
purposes, upon their payment of tuition therefor, and 
without subjecting the property of their parents to 
taxation, when such schools are not crowded. 

The tax authorized to be levied under the provisions 
of this act, shall not exceed, in one year, fifty cents on 
each one hundred dollars worth of property, and one 
dollar on each poll. Sec. 3. 

The obvious intention of the legislature, was that 
this tax should reach each party transferred to such city 
or town for school purposes, and that the tax should be 
extended on all property of such person in the town¬ 
ship of his residence, whether he resided in the same 
township in which such city or town is situated or not; 
but it is doubtful, if he reside outside of the township, 
if he is liable at all. 1 II. S. 1876, 344. 

By act approved March 31, 1879, the School Trustees 
of incorporated towns and cities, are required to pay 
over any surplus special school tax or revenue in their 
hands, to the Common Council and to the Board of 
Civil Trustees, which is not necessary to meet current 
expenses. Such excess of revenue to be applied for the 
payment of the interest or principal, or both, of any 
indebtedness incurred under the provisions of the act 
of March 8, 1873, authorizing the negotiation and sale 
of bonds. Acts 1879, 96. 


80 


TOWNSHIP OFFICERS. 


By the act of 1873, above, the revenue for the pay¬ 
ment of interest and principal of bonds, is placed in the 
hands of-the School Trustees, (1 R. S. 1876, 344, sec. 2,) 
and the power to pay such indebtedness is not given to 
the Civil Trustees at all, hut to the School Trustees. 
Why the School Trustees are required to turn money 
over into the hands of officers, not authorized to dis¬ 
burse it, is not plain. See acts of 1873, p. 60, also acts 
of 1879, 96. Observing that sec. 2 of act of 1873 is 
not disturbed by act of 1879, 96. 

For the issue of bonds, to pay outstanding indebted¬ 
ness, see acts 1879, p. 87. 

JOINT SCHOOL DISTRICTS AND HOUSES. 

By act approved March 6, 1877, acts 1877, p. 125, it 
is provided that the Trustees of two or more townships 
may establish a new school district of parts of each 
township, and build a new school house therein at the 
joint expense of the several townships, whenever it 
shall appear necessary for the better accommodation of 
the people of the respective townships. 

But before such Trustees can act, the citizens, whose 
school interests will be affected, shall petition such 
Trustees, setting forth in such petition the necessity 
tor the same. This petition shall be presented to the 
several Trustees of the townships. When such petition 
is presented, the several Trustees shall agree upon a 
place of meeting, at a time not more than ten days 
from the presentation of such petition, when and where 
they will hold a joint meeting for the purpose of con¬ 
sidering such petition, and taking any further action 
determined upon. Sec. 1. 




DISTRICTS—COLORED CHILDREN—BOOKS. 


81 


Should the Trustees form such district and erect such 
joint school house, the expense of building and furnish¬ 
ing the school house shall be borne by each township; 
each township paying in proportion to the number of 
children, of school age, attached from each township, 
compared with the whole number attached. ’ When the 
house is built and furnished, the school shall he sup¬ 
ported by the towmship in which it is established, in 
the manner of other schools, with pupils attached from 
other townships. 

In making the iirst enumeration, after the erection 
of such house, the Trustees should show the transfers 
to the township in which such house is built. Sec. 2. 

SCHOOLS FOR COLORED CHILDREN. 

It is made the duty of the Trustees ot townships, 
towns and cities, to organize the colored children into 
separate schools, having all the rights, privileges and 
advantages of other schools of the corporation. When 
no separate school is provided, then such colored chil¬ 
dren shall be allowed to attend the public schools with 
white children. Acts 1877, 124. 

TEXT BOOKS. 

The act of March 8, 1873, was amended by act March 
2, 1877. By the law, as amended, the County Superin¬ 
tendent, the Township Trustees of the several town¬ 
ships of the county, and the Chairman or President of 
the School Trustees of each incorporated town and city 
of the county, constitute the County Board of Educa¬ 
tion. Acts 1877, 122. 

This board meets semi-annually, at the office of the 
County Superintendent, on the first days of May and 

.6 


82 


TOWNSHIP OFFICERS. 


September, unless such clays be Sunday, if so, the meet¬ 
ing shall be on the second. A majority constitutes a 
quorum. 

The County Superintendent presides, and may vote 
on all questions. It is the duty of this board to con¬ 
sider the general wants of the schools and school prop¬ 
erty of which they have charge; and all matters re¬ 
lating to the purchase of school furniture, books, maps, 
charts, etc., the change of text books, in townships 
and towns, but not in cities, also the care of the town¬ 
ship libraries, etc. 

When a text book has been adopted, it shall not be 
changed within six years from the date of such adoption, 
except by the unanimous vote of all the members of 
the board, and if a book is adopted it may not, even by 
a unanimous vote of all the members of the board, be 
changed within three years of the date of its adoption. 
Id. 123. 

A full and complete record of the proceedings of the 
board should be kept of all proceedings had before the 
board. This record should be read and signed by the 
presiding officer before the board adjourns that all 
errors therein may be corrected. 

While there are cases when a corporate body may 
speak outside of its record, this does not seem to fall 
within the exception, 46 Ind. 383. But for the other 
side, see 7 Ind. 6. But it is always safe to make a 
record, if a true one is made. 

REPORTS OF TRUSTEES. 

If the books of the Township Trustee are kept as the 
law provides, sec. 8, 1 R. S. 1876, 901, the Trustee will 
have no trouble in making his report,. The books 
should at all times, except the mere footing of them 





REPORTS OF TRUSTEES. 


83 


show a complete and separate account current of each 
of the funds in the Trustee’s hands, so that a mere 
transcript of the hooks would be all the report needed. 

If Trustees w’ill examine the blanks sent out to 
them from the department of public instruction, 
they will find not cnly the necessary forms for their 
reports, but printed rules for their government in mak¬ 
ing their reports. These rules will be found so plain as 
to need no explanation. 

The accounts of each fund in the Trustee’s hands 
should he so plainly and concisely kept by the Trustee 
upon his books, as to show to any one who may choose 
to call at any time, the exact status of each particular 
fund. 

It is provided by law, that the record and other hooks 
of the Township Trustee, shall always be open for pub¬ 
lic inspection. 1 R. S. 1876, 902. The Trustee can not 
afford to keep his hooks in such a condition as not to be 
satisfactory to any citizen of the township who may 
call to examine them. Besides he is liable to be sum¬ 
moned with his books at any moment before the Board 
of Commissioners. 1 R. S. 1876, 781. The books, 
papers and accounts of Trustees relative to schools 
shall at all times be subject to the inspection of the* 
County Auditor, County Superintendent and the Board 
of County Commissioners of the proper county. 1 R. 
S. 1876,810, sec. 141. 

The Auditor, County Superintendent or Board of 
Commissioners may at any time summon, and require 
the production of his books, papers and accounts, on 
three days’ notice. Sec. 182. And if the books have not 
been properly kept, they or either of them may correct 
the same. If any fraud appear, the Trustee may be 
removed. Id. sec. 143. 


84 


TOWNSHIP OFFICERS. 


Reports made by Township Trustees must be veri¬ 
fied by the affidavit of such Trustee. 

REPORT TO THE COUNTY COMMISSIONERS. 

At the March term of the Board of Commissioners, 
each Township Trustee is required to make a complete 
report to such board, showing the receipts and expen¬ 
ditures of his township during the preceding year, 
clearly exhibiting the amount received and expended 
on account of township, school and other purposes, as 
well as the proper balances remaining on hand, and 
such Trustee shall within ten clays thereafter, record at 
length, a copy of such report in his township record, 
and publish the same by posting up a certified copy 
thereof at the place or places of holding elections. 1 
R. S. 1876, 901, 44 Inch 288, 29 Ind. 532. The report 
of the Trustee as shown above, together with the 
action of the Board of Commissioners thereon, as pro¬ 
vided for in section 11, p. 901, is denominated the 
“annual settlement/’ In addition to his report, he shall 
file with said board an itemized statement, verified by 
affidavit, of his charges for services as Trustee, upon 
which the board shall allow him such reasonable com¬ 
pensation as they may deem just, not to exceed two 
dollars per day to be paid out of the township fund. 1 
R. S. 1876, 902; act 1879, 142. This does not include 
the services of the Trustee as overseer of the poor, as 
he is compensated for such services out of the County 
Treasury, also at the rate of two dollars per clay, act 
1879, 142. Until the passage of the fee and salary bilp 
of March 31, 1879, the Trustee was compensated out of 
the County Treasury, for his services as overseer of the 
poor at the rate of one dollar per day. 1 R. S. 1876, 
680. 


COUNTY COMMISSIONERS—SCHOOL REVENUE. 


85 


In making out this itemized statement, for annual 
settlements, the Trustee should distinguish between the 
services rendered in connection with the schools, and 
other services; indeed, he should make a seperate state¬ 
ment for his school services, as he is always required to 
show in liis statistical report to the County Superinten¬ 
dent the compensation allowed him for his services 
connected with the schools, and this he can not do 
unless the allowance made him for such services, is dis¬ 
tinct and separate. See section 41, school law. See 
also, the last clause of section 21. 1 B. S. 1876, 786. 

ANNUAL REPORT OF SCHOOL REVENUE. 

By acts of 1873, p. 68, it is provided that the Trustee 
of every township, incorporated town or city, shall 
receive the special school revenue belonging thereto, 
and the revenue for tuition which may he apportioned 
to his township, town or city, and shall pay the same 
out for purposes for which they were collected and 
appropriated. He shall keep accurate accounts of each 
of said revenues; showing on his books, when and from 
what source each item of such revenues was received, 
and when, to whom, for what purpose, and on what 
account each item was paid out. He is required, on 
the first Monday after the second Tuesday in October, 
annually, and as much oftener as may he required, to 
report to the County Commissioners, in writing, for the 
year then ending. 

This report shall clearly and separately state: 

The amount of special school revenue on hand at the 
commencement of the year then ending; the amount 
thereof received within the year then ending. 


86 


TOWNSHIP OFFICERS. 


The amount of such revenue expended within such 
year; also showing balance of such revenue on hand at 
the end of such year. 

In a separate statement he shall show: 

The amount of school revenue for tuition at the com¬ 
mencement of the year then ending; the amount re¬ 
ceived at each semi-annual apportionment thereof; the 
aggregate amount of said revenue on hand during such 
year; the amount of such revenue paid out during such 
year, and the balance, if any, remaining on hand to be 
carried to the new account. 1 R. S. 1876, 781. 

In addition to this report, he shall file a detailed 
account current of the receipts and expenditures for 
the year then ending, and support the same by vouch¬ 
ers. The report and account current shall each be veri¬ 
fied by affidavit. 

This account current shall show the amount of special 
school revenue on hand at the commencement of the 
year, and the amount received during the year, and the 
aggregate for disbursement. 

It shall give the date of each disbursement, the name 
of the person to whom paid, the account upon which 
it was paid, supporting each payment by a proper re¬ 
ceipt or voucher; also showing the balance on hand. 

It shall show the amount of school revenue for tuition 
on hand at the beginning of the year then ending, the 
amount received during such year, and the aggregate 
for disbursement. 

It shall give the date of each disbursement, the name 
of the teacher to whom paid, the number of the school 
taught, supporting each payment by a proper voucher; 
also any balance that may he left on hand. 

The Board of Commissioners shall examine said re¬ 
port, and account current, and if satisfied that said re- 





ANNUAL REPORT OF SCHOOL REVENUE. 


87 


port is full, accurate and right in all respects, and that 
said account is just and true, they shall allow and pass 
the same, which shall have the effect to credit the 
Trustee for the expenditures. 1 R. S. 1876, 782, sec. 7. 

The Trustee is required, within ten days after the 
allowance of said report, to file a copy of such report 
with the County Superintendent. Id. It is not neces¬ 
sary to file with such Superintendent a copy of his 
account current. Smart’s Com. 52. 

The report contains all the Superintendent needs on 
that subject. 

The object of the legislature in requiring the Boards 
of Commissioners to meet on the first Monday after 
the second Tuesday in October, to receive the Trustee’s 
reports, obviously was to give to the Trustees, then 
going out of office, an opportunity to settle with the 
Board of Commissioners, in order that they might hand 
over their books to their successors. Township Trus¬ 
tees were, at the date of the passage of the act, elected 
at the general election on the second Tuesday in Octo¬ 
ber. By the law, as it now stands, the Township Trus¬ 
tees are elected on the first Monday in April. See 
election laws of 1881, sec. 57. 

While the law of 1878 requiring Trustees to report 
in October is still in force, there is nothing to prevent 
Auditors from convening the County Board in April to 
receive the reports of outgoing Trustees. And we 
believe it is generally done. Indeed the Board of Com¬ 
missioners have the power, whenever convened, whether 
in regular or called session, (Acts 1873, reg. sess. p. 68,) 
to require the Township Trustee to make his report to 
them in writing. 1 R. S. 1876, 781. 

Trustees should not make their account current at 
every report which may be required of them by the 


88 


TOWNSHIP OFFICEKS. 


Board of Commissioners, nor should the Commissioners 
so require it of them. As they are required to make 
such account current at the time of their annual report 
in October, covering the entire year then ending, sup¬ 
porting each disbursement by a proper voucher, when 
the Board, if satisfied of the correctness of the same, 
shall give them credit for such vouchers. True the 
Board may examine the vouchers held by the Trustee, 
at any time, hut he should not be required to file them 
until he can receive credit for them. 

The outgoing Trustees should be credited by all pro¬ 
per vouchers held by them at the time of their last 
report, which report should, in all respects, he as full as 
is required by an annual report, and should he accom¬ 
panied by an account current and vouchers, and the 
proper balances should be shown. A copy of this re¬ 
port should also he furnished to the County Superin¬ 
tendent. He should also furnish to such Superintend¬ 
ent such statistical information as he may have gathered 
since his last report upon that subject. 1 B. S. 1876, 
792. 

The reports made by the Trustee should he spread of 
record in full. He can only disclose to the people of 
his township what he has done, in any given case, by 
his record. He can only speak by his record. 8 Ind. 
504. 

It is not necessay that the Trustee’s reports should be 
placed upon his regular township record. It would be 
more convenient to the Trustees and to the people of the 
township, for the Trustees to keep a separate book for 
the purpose. They should keep, and a great many 
Trustees do keep, a separate book containing only 
teachers reports and contracts. A very convenient 
hook has been furnished by some of our enterprising 



SCHOOL REVENUE—GRADED SCHOOLS. 


89 


stationers, but all we have seen of these books were 
prepared when the law of 1865 was in force, and they 
do not come lip to the requirements of the present law. 
They contain a great many things which are mere sur¬ 
plusage, and leave out some things which the law 
emphatically enjoins upon the Trustee to bind the 
teacher to do. See supplemental sec. f, acts 1873. See 
also 1 R. S. 1876, 816, sec. 9. 

If the Township Trustee has not the clerical ability 
to keep his books as they should be kept, for his own 
safety and credit, we advise him to employ some 
competent person to make the proper entries of record 
for him. There is too much at stake for him to trust 
to luck and good guessing to carry him through. We 
suggest to the Trustee in all cases where he has not full 
confidence in his ability to keep his books as the law 
requires, to keep a blotter, upon which he can assist his 
memory in keeping his accounts until he can have the 
proper entries carried to his books. He should at no 
time expend one dollar of the trust funds or revenue in 
his hands, without knowing to what particular fund it 
belongs. The application of any fund to one purpose, 
which has been placed in his hands for another purpose 
is a conversion. 56 Ind. 157, 55 Ind. 7. 


TOWNSHIP GRADED SCHOOLS. 

The Township Trustee is empowered to establish 
graded schools in his township. He not only has the 
power, but it becomes his duty, when ever there is a 
sufficent number of pupils in the different schools of his 
township, to form a separate school, whose advance- 


90 


TOWNSHIP OFFICERS. 


ment is sncli that the district schools can not furnish 
them instruction. 1 It. S. 1876, 782. The language of 
the statute is: a Tliey ‘(the Trustee)’ may establish 
graded schools, or such modifications of them as may 
he practicable.” 

Professor Smart says, in speaking of graded schools: 
“One hundred and eighty township graded schools have 
been established in this State. * * * These 

schools have been doing good work in the townships in 
which they have been established, and I hope the time 
is not far distant when one will be opened in every 
township in the State. Smart’s Com. p. 80. 

The law regulating the graded school in the town¬ 
ship makes no provision for the appointment of a 
director, for the attachment to it for school purposes, 
nor for the holding of school meetings of any kind. 
The Trustee’s duties are not definitely stated in regard 
to them, but his general duties in regard to the common 
schools of his township must govern. The title to 
property, although the law is silent, should he made to 
the township for the use of the common schools of said 
township. The house should be built, furnished and 
supplied, and paid out of the special school revenue of 
the township, and the teacher paid out of the revenue 
for tuition. The school is entirely under the control of 
the Trustee. Transfers to the graded school from out 
side of the corporation are not provided for, and we 
presume it is wholly within the discretion of the Trus¬ 
tee whether any one shall be admitted or not. The 
provision of law regulating graded schools being 
included in the act to provide for a general system of 
common schools, the township graded school is a branch 
of the common schools. 1 B. S. 1876, 778. 



GRADED SCHOOLS—DOORS. 


91 


JOINT GRADED SCHOOLS. 

Two or more townships, or a town or city, and one or 
more townships may unite together and establish a 
graded school, or any modification thereof as may be 
practicable, and make provision for admission into the 
higher departments thereof from lower grades of schools 
in their several municipal corporations. 

The Trustees of the several corporations, shall select 
the teacher for such graded school. Power is given 
such Trustees to select and purchase suitable grounds, 
upon which to erect their building, and title to such 
grounds shall he taken in the name of the several 
municipal corporations jointly, for the use of the com¬ 
mon schools, and such school when established shall be 
under the joint management of the several Trustees, 
who have exclusive control and management of the 
school. 1 R. S. 1876, 815, sec. 13. 

HANGING OF SCHOOL ROOM DOORS. 

To guard against danger growing out of panic occa¬ 
sioned by fire or other casualties, Trustees are required 
to so hang the doors that the same may swing outwardly. 
This, however, only applies to doors for ingress and 
egress, and to buildings having a second story occupied 
by pupils. Acts 1877, 59. This provision of law also 
requires that all doors, including the doors leading to 
halls as well as doors leading out of the building, should 
he hung so as to swing outwardly; and in houses of one 
story, where the windows are so high from the ground 
that it would be dangerous for small children to attempt 
to jump from them, the doors should swing outwardly, 
although the letter of the law does not so require. 
Smart’s Com. 102. 


92 


TOWNSHIP OFFICERS. 


SCHOOL MEETINGS. 

It is provided that the legal voters of each school 
district shall meet annually on the first Saturday in 
October, and elect one of their number director. The 
director so elected shall within ten days after such elec¬ 
tion notify the Trustee of his election. In case of 
failure to elect, or of failure of a party elected to report 
the same within ten days, it is the duty of the Trustee 
to forthwith appoint a director, but any person appointed 
by the Trustee may he removed upon the petition of 
three-fourths of the legal voters of the district. 1 R. 
S. 1876, 787, sec. 25. 

Called meetings may be held at any time on the call 
of the director, or any five voters, on giving five days’ 
notice may call a meeting, but where there is no fraud, 
the meeting would he legal without such notice, and 
the legality of the proceedings of a school meeting, if 
called in question shall he decided by the Trustee, sub¬ 
ject to appeal to the county Superintendent, whose 
decision thereon is final. Id. 

Such school meetings have power to determine what 
branches, in addition to. those mentioned in section 34 
of the school law, they desire to have taught in their 
school, and the time at which their school shall he 
taught. If there be a vacancy in the office of director, 
the school meeting may fill it; may direct what repairs 
they may deem necessary to the school property; may 
petition the Trustee for the removal of the school house 
to a more convenient locality; may petition for a new 
school house, or the sale of an old one, and the lands 
belonging to the same. 1 R. S. 1876, 788, sec. 26. 
While power is given to the school meeting to challenge 
the employment of any teacher, or decide by a majority 




SCHOOL MEETINGS—YEAR. 


93 


vote that they do not wish any certain teacher employed, 
(1 R. S. 1876, 788, sec. 28,) since the passage of the act 
of 1873, they have no power, right or authority to 
designate the teacher they do wish employed. That 
power, whether judiciously or not, is given exclusively 
to the Township Trustee. 1 R. S. 1876, 782, sec. 10. 

SCHOOL YEAR. 

The school year commences on the first Monday in 
July, and ends on Saturday preceding the first Monday 
in July in the ensuing year. 1 R. S. 1876, 788, sec. 26. 

The June apportionment, although made on the basis 
taken in the year ending on Saturday before the first 
Monday of the ensuing July, can not he expended in 
the school year in which it is apportioned; it belongs 
to the next year. The January apportionment belongs 
to the year in which it is apportioned. Smart’s Com. 
46. 

This rule only applies to the State revenue for tuition. 
The local or special tuition tax may he expended in 
anticipation. In other words, the Trustee may employ 
a teacher to teach during the winter and pay him out 
of the local tuition revenue reported in the ensuing 
April. 30 Ind. 178. 

The law requires that local tuition revenue shall be 
expended in the corporation from which it is collected, 
and hence there is no apportionment of it. The officer 
making the levy can calculate, with reasonable cer¬ 
tainty, the amount which will be raised by such levy, 
and the Trustee may make his contracts, based upon 
the tax levy for school purposes for that year, although 
the money may not he actually collected at the time, 
and may not be ready to he drawn from the County 


94 


TOWNSHIP OFFICERS. 


Treasurer until after his April settlement. 30 Ind. 
178, 180. 

There is no statutory restriction respecting the time 
that the special school revenue for building houses, etc., 
shall he expended. The only statutory restriction being 
as follows: “ Provided , however , that the tuition revenue 
apportioned to the school shall be expended within the 
school year for which it was apportioned. And pro¬ 
vided , further , that such school year shall begin on the 
first Monday in July.” 1 R. S. 1876, 788. 

LIABILITIES OF TOWNSHIP TRUSTEE. 

Any person elected to the office of Trustee, or w r ho 
may be appointed to such office, and fails to qualify 
and serve as such, shall pay the sum of five dollars, 
unless such person shall have previously served as Trus¬ 
tee of such township. 1 R. S. 1876, 787, sec. 24. 

Upon the failure of any Trustee to discharge any of 
the duties required of him, relating to schools or school 
revenues, the Board of Commissioners shall cause suit 
to be instituted against him, on his official bond, and 
in case of recovery against such Trustee, the court ren¬ 
dering judgment, shall assess upon the amount of such 
judgment, ten per cent, damages to be included in such 
judgment. 1 R. S. 1876, 782. 

For a failure in a Trustee to make either his report 
of enumeration or the statistical report required by 
sec. 21 of the school law, the County Auditor shall 
diminish the apportionment of said township twenty- 
five dollars, and withhold the warrant for the money 
apportioned to such township, town or city, until such 
delinquent report is made and filed. He shall also be 
liable for any damage which may accrue to his town- 


LIABILITIES OF TOWNSHIP TRUSTEE. 95 

ship, town or city by reason of the stoppage of said 
money, and for said twenty-five dollars, for which suit 
may be brought on his bond. 1 R. S. 1876, 787. 

And when the Trustee fails to make and report his 
enumeration on or before the first day of May, the 
Superintendent shall employ some one to take such 
enumeration and report the same, and allow a reason¬ 
able compensation for the same, payable from the 
special school revenue of the township, and collect the 
same from such Trustee. A Trustee is liable, in this 
instance, in his individual capacity. 1 R. S. 1876, 792. 

A Trustee is liable at any time, on three days’ notice, 
to be removed from his office, if any fraud appear on 
his books, papers or vouchers, or if the same can other¬ 
wise be shown to have been practiced by him. Such 
as bargain and sale in the employment of a teacher or 
the selection of a County Superintendent, or that any 
corrupt practice or influence has been suffered or exer¬ 
cised about either, or about any other act officially done 
or transacted by such Trustee. And for this or any 
other legitimate purpose, the books, papers and ac¬ 
counts of the Trustees are, at all times, subject to the 
inspection of the Board of Commissioners, the County 
Auditor and County Superintendent, and he may, at 
any time, be subpoenaed, and thereby required to pro¬ 
duce such hooks, papers, accounts and vouchers, before 
such officers, three days’ notice being given. 1 R. S’. 
1876, 810. 

Should a teacher and the Trustee enter into the 
fraudulent contract whereby on the face of the contract 
certain wages were stipulated for, and some tacit 
arrangement made whereby part of such wages were to 
go to the benefit of such Trustee, or where a Trustee 


96 


TOWNSHIP OFFICERS. 


employs a teacher, and there exists, either directly or 
indirectly any arrangement or understanding whereby 
such Trustee is to he pecuniarily benefited by such em¬ 
ployment, the contract made is void; and the teacher 
can not receive pay from the school township for ser¬ 
vices rendered under such fraudulent contract, and both 
parties will be guilty of a felony. Acts 1881, 205. The 
penalty upon conviction in such cases is, a fine not 
more than five thousand dollars nor less than three 
hundred dollars, and imprisonment in the State Prison 
not more than fourteen years nor less than two years, 
and disfranchisement for any determinate period. Id. 

A Trustee who becomes^or is intoxicated during the 
business hours of his office, shall be fined not more than 
one hundred dollars nor less than ten dollars to which 
may be added imprisonment in the county jail not more 
than ten days; and for a second offense may be 
deprived of his office by the judgment of the proper 
Circuit Court. Acts 1881, 204, sec. 140. 

The Trustee is liable on his official bond for any and 
all failures to discharge his duties in the time and man¬ 
ner prescribed by law; for any failure to properly pre¬ 
serve township property and the township library, and 
for any waste, misapplication or loss of any and all 
moneys coming into his hands as such Trustee. Acts 
1873, 72 Ind. 491. And for every failure to discharge 
any duty required of any Trustee under the provisions 
of the act of February 18, 1859, he shall forfeit and pay 
to his township any sum not exceeding one hundred 
dollars to be recovered in a civil action in the name of 
the township, before any court having jurisdiction. 1 
R. S. 1876, 902. 



TOWNSHIP SUPERINTENDENTS. 


97 


TOWNSHIP SUPERINTENDENTS. 

The act approved April 15, 1881, provides that at the 
township election on the first Monday in April, 1882, 
and biennially thereafter, there shall be elected one 
superintendent of roads in each township, who shall 
hold his office for two years, and until his successor 
shall be elected and qualified, who shall take charge of 
and superintend the construction of all roads (public 
highways) within his township. Sec. 1. 

He is required to take charge of all highways and 
bridges in his township. He must keep the highways 
and bridges in good repair, if the prudent use of the 
means in his hands are sufficient for that purpose. 
Sec. 2. 

The orders emanating from the Board of Commis¬ 
sioners in regard to locating, opening, changing or 
vacating highways shall be executed by him. And it 
is not only made his duty to see that the roads are 
made safe and passable and convenient for the traveling 
public, but all highways and bridges shall he opened 
and maintained to the width required by law. Sec. 2, 
act 1881. It is provided by statute (1 R. S. 1876) that 
no county road shall be less than thirty feet wide, and 
no township road shall he less than twenty-five feet 
wide. See commissioners and auditors, Clarke 104; 10 
Ind. 391, 9 Ind. 103. 

The Township Superintendent is required to give 
bond in double the amount of funds for road, highway 
and bridge purposes, likely to come into his hands and 
be in his hands at any one time, which bond shall be 
approved by the Board of Commissioners, and, we 
presume, like all other official bonds, payable to the 
State of Indiana. 

7 


98 


TOWNSHIP OFFICERS. 


All moneys collected from taxation, together with all 
other moneys due the township, or any part or district 
thereof, for road purposes, shall be paid to the Superin¬ 
tendent by the treasurer of the county upon the war¬ 
rant of the County Auditor. 

Insane persons, idiots, deaf and blind persons, and 
such other persons as may be unable to pay commuta¬ 
tion road tax, from physical infirmity and poverty, are 
exempt from commutation tax. But to entitle them to 
exemption, they are required to procure from the Sup¬ 
erintendent a certificate of such exemption, and to 
present the same to the assessor when called upon to 
list poll and property for taxation. 

Incorporated towns and cities are exempt from the 
provisions of this act. Sec. 4. 

Roads and highways situate on township lines run¬ 
ning north and south, the north half of such road or 
highway belongs to the jurisdiction of the township 
west of such line, and the south half to the township 
east thereof. And roads or highways on township lines 
running east and west, the west half belongs to the 
township on the south side of such line, and the east 
half to the township lying north thereof; and such 
road shall be kept in repair by the several Superintend¬ 
ents of the several townships, as other roads lying 
within their respective townships. Sec. 5. 

All roads running on lines dividing this State from 
other States shall he worked in conjunction, and shall 
be assigned (if practicable) for construction and repairs 
in the same manner as above provided in cases where 
roads run on township and county lines. Sec. 5. 

The Township Superintendent shall, in the months 
of May and June each year, put all the roads of his 
township in ordinary repair. This kind of work is 


TOWNSHIP SUPERINTENDENTS. 


99 


denominated “ordinary” After this is done if any 
means remain in his hands, he shall then proceed to do 
that kind of work which is distinguished as “extraor¬ 
dinary ” 

Extraordinary work consists in working upon those 
roads and parts of roads most traveled and used by the 
public, and by judicious draining, ditching, making em¬ 
bankments, grading, building culverts and bridges, and 
such other means as is necessary to construct a road 
with a smooth surface of not less than eighteen feet in 
width, nine feet of which may be covered with gravel 
or any other convenient material that will make a 
smooth, hard surface. The Superintendent shall expend 
all the available means in his hands for such purpose 
by the 15th of November of each year. 

The Superintendent is required to see to it that all 
noxious weeds and thistles upon and along the sides of 
all roads in his township are destroyed, and to this end 
he is required to cause all roads in his township to be 
mowed in the months of June and August. Sec. 6. 

Whenever the citizens, interested in the permanent 
improvement of any highway of public importance, 
shall contribute by donation, or shall properly ditch, 
drain, gravel or embank in the manner contemplated 
by this act, it shall be the duty of the Superintendent 
to contribute and perform work thereon equal in value 
to such donation, if there be sufficient means in his 
hands for that purpose. Sec. 7. 

For the purpose of estimating the value of labor and 
material, and for making plans and specifications, and 
estimates of earth work and bridges, the Superintend¬ 
ent may employ a competent engineer. 

All work denominated “ordinary” and all ditches, 
drains and embankments, of “extraordinary” character, 


100 


TOWNSHIP OFFICERS. 


shall he made and done in the months of April, May, 
June and July. And all other work may he done at 
any time between the 1st of April and 15th of Novem¬ 
ber, except the building of bridges, which may be done 
at any time. The orders of the Board of Commis¬ 
sioners with reference to roads, made at any time, shall 
be obeyed by the Superintendent. Sec. 8. 

The Superintendent shall appoint one Road Master 
for his township, who will hold his office for one year. 
He may appoint more than one Road Master if the road 
work of his township requires it. Sec. 9. 

The Road Master shall take an oath for the faithful 
performance of his duties, and make his bond in any 
sum of not less than two hundred dollars, to be ap¬ 
proved by and tiled with the Superintendent. Sec. 9. 

It is the duty of the Road Master to employ laborers, 
mechanics and teams, at specific wages, at a price not 
to exceed the ordinary price paid for that kind of labor 
in the township. All employes under such Road Mas¬ 
ter are required to work ten hours each day, and the 
Road Master shall be responsible to the Superintendent 
for any failure. 

The Superintendent shall give all necessary direction 
to the Road Master, and hold such Road Master res¬ 
ponsible for the due performance of the work as direct¬ 
ed. He shall be responsible on his bond. Sec. 10. 

The superintendent shall pay for all labor employed 
by the Road Master, on the order of such Road Master, 
and such orders endorsed by the payee shall serve as a 
voucher for the Superintendent, on his settlement with 
the Board of Commissioners. Sec. 11. 

The Superintendent may discharge the Road Master 
for cause, and appoint another to fill his place. He 
shall contract with such Road Master for his wages or 




TOWNSHIP SUPERINTENDENTS. 


101 


salary, at a price not to exceed one dollar and fifty 
cents per day of ten hours actual employment or ser¬ 
vice, and before paying him he shall see that his time 
book shall show an average of ten hours each day for 
which he claims pay. Sec. 12. 

The Superintendent shall be the custodian of all tools, 
implements, material and other property of the town¬ 
ship pertaining to roads which have been held by the 
different road districts of his township, as heretofore 
organized, and shall, as far as practicable, collect the 
same together, and provide a suitable place for their 
safe keeping. Sec. 13. 

He may also purchase other tools and material, if 
necessary, for the use of the roads and highways of his 
township. Id. 

At the expiration of his term of office, he shall make 
a schedule of the property of his township pertaining 
to roads, and turn the same over to his successor. This 
schedule shall be recorded on the township records, and 
for this purpose the Superintendent shall procure a 
suitable book. He shall, during his term of office, 
make such entries and records upon his books, with 
reference to roads and highways, as is (are) now pre¬ 
scribed by law for Township Trustees. Sec. 15. 

He shall, at the expiration of his term of office, 
deliver over to his successor in office, all moneys on 
hand for road purposes, taking his receipt as a voucher 
for the same. 

He shall, at the next regular meeting of the Board of 
Commissioners after the expiration of his term of office, 
make a complete settlement to the satisfaction of such 
Board, by a balance sheet, showing all the moneys 
received for road purposes, and also for all moneys paid 
out by him, producing a receipt or other voucher for 


102 


TOWNSHIP OFFICERS. 


all moneys disbursed; and such report and accompany¬ 
ing vouchers shall, when examined by the Board of 
Commissioners, be filed as one paper by the Auditor, 
and preserved by him in his office. Sec. 15. 

The Board shall examine such account, and charge 
him with the money received, and credit him with the 
money paid, if there be proper vouchers for the same; 
and shall make an allowance to such Superintendent of 
two dollars per day for each day he is actually employed 
as such Superintendent of highways, as shown by his 
sworn statement. And for any failure of such Superin¬ 
tendent to make such settlement at the first regular 
session of the Board after the expiration of his term of 
office, he shall he liable on his official bond. The law is 
silent as to the amount of such liability, hut he would 
he at least liable for nominal damages, and cost of suit 
and for all moneys that had come into his hands as 
such Superintendent of roads, for the disbursement of 
which, according to law, he could not show a proper 
and sufficient voucher. Sec. 15. 

The Superintendent may, in his discretion, let out 
any portion of the work to be done on any particular 
portion of the highways, where the probable cost of 
doing the same shall exceed twenty-five dollars, and 
for this purpose he shall direct the Engineer to prepare 
plans and specifications, and keep the same for public 
inspection. He shall, in all such cases, cause notices of 
the proposed letting of such work to he posted up in at 
least five of the most public places in the township, 
giving time and place where such letting will be held, 
and also giving a description of the work to be let. 
Sec. 16. The Superintendent shall adopt such rules 
and regulations respecting the manner and time of 
doing the work, and the payment therefor, as he may 




TOWNSHIP SUPERINTENDENTS. 


103 


deem proper, and place the same on his record, for the 
benefit of Road Masters, bidders and laborers; and in 
the letting of any portion of the road work by bids, 
the Superintendent shall have the power to reject all 
bids, if in his judgment public interest requires it. He 
shall entertain no bid not accompanied by bond in 
sufficient penalty and good freehold surety, conditioned 
for the faithful performance of the work according to 
the plans and specifications, and rules and regulations 
adopted by the Superintendent. The penalty shall be 
at least double the amount of the bid. It seems that 
the bond required by section sixteen of the act is only 
intended to show that the bid is made in good faith, 
and to compel the bidder, if the contract is awarded on 
his bid, to execute bond as required by section seven¬ 
teen. 

Section seventeen requires the successful bidder to 
enter into another bond in a penalty of double the 
amount of his bid, and payable to the State of Indiana, 
with good freehold surety or sureties, to the approval 
of the Superintendent, and conditioned as the first bond. 

Should the successful bidder fail or refuse to execute 
such second bond, in manner and form as above speci¬ 
fied, it is made the duty of the Superintendent to 
forthwith cause suit to be brought in the Circuit Court 
of the county, and the measure of damages shall be the 
amount of damages sustained by the township on 
account of such failure or refusal, and the judgment 
shall carry cost of suit. The judgment shall be col¬ 
lected without relief from valuation or appraisement 
laws, and when collected shall be paid to the Superin¬ 
tendent, and become a part of the highway fund in his 
hands. Sec. 18. 


104 


township officers: 


The Superintendent, on the failure of the first bidder 
to make his bond as required by law, may let the con¬ 
tract to the next lowest bidder, requiring bond as in the 
case of the first bidder; and should this second bidder 
fail to make his second bond, suit may at once he 
brought on his first bond, as in the case of the first 
bidder. Sec. 18. 

The Superintendent may, upon the failure of any 
bidder to make his second bond as required by law, ad¬ 
vertise for another letting, as in the first instance. 

It is made the duty of the Township Superintendent, 
within three days after receiving information that any 
person has injured any dam, drain, embankment, ditch 
or other construction made for the protection of any 
highway or bridge in his township, or has wilfully de¬ 
stroyed any guide post, or defaced any inscription or 
device thereon, or has unnecessarily and to the hind¬ 
rance of passengers, obstructed any highway or bridge, 
or has failed to keep to the right when driving a 
vehicle, on meeting another vehicle so as to allow it to 
pass without injury, to bring suit against the party 
offending; and for each such offense he shall recover 
the sum of five dollars; and the sum so recovered shall 
be paid to the Township Superintendent for the benefit 
of highways of his township. In cases of obstruction 
of highways, five dollars shall be recovered for each 
day such obstruction remains. Sec. 19. 

The action may be brought in the name of the Town¬ 
ship Superintendent before any Justice of the Peace of 
the county, regardless of the place of the defendant’s 
residence, or the place where the offense was committed, 
provided both are within the county where the suit is 
brought. Sec. 19. 


TOWNSHIP SUPERINTENDENTS. 


105 


The Superintendent shall pay a reasonable compensa¬ 
tion to any owner of a plantation through or bordering 
upon which any highway runs,-for removing any ob¬ 
struction, unless such obstruction was occasioned by 
the act of such party himself, or some party under his 
employ; in such cases he shall remove such obstruction 
at once, without compensation, and be liable to a for¬ 
feiture of five dollars for every day he sutfers such 
obstruction to remain. Id. 

In the opening and construction of any new road, 
the Superintendent may appropriate any timber found 
within the limits of the roadway, at the time of its 
construction, for the construction of such highway, 
whether the timber be standing or lying; but the 
owner of the fee and timber may remove the same 
before the Superintendent is required to open such 
highway, if he avails himself of the privilege. 

The Township Superintendent shall, so far as he shall 
deem it necessary, erect and keep at the forks of every 
road and every crossing of roads within his township, 
suitable guide posts, with proper inscription and devi¬ 
ces. Sec. 23. 

The Superintendent is required to distribute the work 
on the roads equally in all parts of his township. The 
“ordinary” shall be so distributed, and the “extraor¬ 
dinary ” work upon such highways of his township as 
“are mostly traveled.” See sec. 6 this act. 

The Township Superintendent is authorized and em¬ 
powered to administer oaths in all cases touching and 
necessary to the discharge of his official duties. Sec. 
24. 

It is the imperative duty of the Township Superin¬ 
tendent to employ at least one Road Master in his town¬ 
ship each year. It is only left discretionary with him 





106 


TOWNSHIP OFFICERS. 


whether more than one shall be appointed. Sec. 9, Act 
1881, 538. 

The Township Superintendent can not discharge the 
Road Master’s duties, nor can the Road Master dis¬ 
charge the duties of Superintendent. The duties are 
separate and distinct; and it is usurpation in office for 
either to discharge the duty of the other. The duties 
stand opposed as executive and ministerial duties, and 
one should, and is intended to he, a check upon the 
other. 


LIABILITY OF TOWNSHIP SUPERINTENDENT. 

The Township Superintendent shall be liable on his 
official bond for a failure to make a satisfactory settle¬ 
ment with the Board of County Commissioners within 
the time prescribed by law. Acts 1881, 539. 

A Township Superintendent or Road Master becom¬ 
ing intoxicated during the business hours of his office, 
shall he fined not more than one hundred dollars, nor 
less than ten dollars. Acts 1881, 204. 

A Township Superintendent, who shall in the erec¬ 
tion of any bridge, culvert or embankment, or the cut¬ 
ting of any ditch or drain, or who shall in the election 
or selection of any Road Master, or in the letting of any 
contract, bargain for or receive any per centage draw¬ 
back, premium or profit, or money whatever, in his 
township, upon conviction thereof, shall be fined not 
more than five thousand dollars nor less than three 
hundred dollars, and imprisoned in the State prison not 
more than fourteen years nor less than two years, and 
he disfranchised and rendered incapable of holding any 
office of profit or trust for any determinate period. 
Acts 1881, 205, sec. 144. 


# 








LIABILITY OF TOWNSHIP SUPERINTENDENT. 107 

Any person who shall pay or agree to pay any money, 
or deliver anything of value to any Township Superin¬ 
tendent or Road Master for the purpose of procuring 
any contract for the construction of any bridge, em¬ 
bankment, culvert or guide board, or for the cutting of 
any ditch or drain, or for the performance of any work, 
or the furnishing of any material for the use of the 
township, or having any such contract, shall pay or 
agree to pay to either of said officers or persons, any 
money, per centage, reward,- draw-hack, premium, or 
protits on such contract, upon conviction thereof, shall 
he fined not more than five thousand dollars nor less 
than three hundred dollars, and imprisoned in the State 
prison not more than fourteen years nor less than two 
years, and disfranchised and rendered incapable of 
holding any office of trust or profit for any determinate 
period. Acts 1881, 206, sec. 145. 

In addition to the criminal penalty attached to all 
contracts made as above specified, the contract is void, 
as against public policy, and can not be enforced. Par¬ 
sons on Contracts, vol. 2, 784. 

The Township Superintendent and Road Master are 
not only liable for any failure to perform any duty 
imposed by any law which may be in force at the time 
the bond is executed, but the liability upon them and 
their sureties is permanent and continuing. They 
become liable for a failure to discharge their duties 
under any law subsequently passed, whether the bond 
provides for such continuing liability or not. 44 Ind. 
88 . 

The liability of the Superintendent for all road funds 
that come into his hands, is permanent and continuing. 
And when money goes into his hands as such officer, 
he and his sureties are liable on his official bond for 


108 


TOWNSHIP OFFICERS. 


the same. It becomes to all intents and purposes his 
money, 36 Ind. 347; 72 Ind. 491, and he is indebted to 
the township, secured by his bond, for the amount of 
such money, and no accidental loss or destruction of 
the money will cancel the debt. He must pay it out as 
the law directs, either in the money received or other 
money. 22 Ind. 125; 72 Ind. 491. 

ROAD MASTERS AND THEIR DUTIES. 


The Township Superintendent shall each year ap¬ 
point at least one Road Master in his township, and he 
may also appoint as many others as may to him seem 
necessary for the proper and judicious performance of 
the road work and the expenditure of the road funds. 

The Road Master shall hold his office for one year 
from the time of his appointment, unless removed, for 
cause, by the Township Superintendent. Sec. 9. 

He shall take an oath for the faithful performance of 
his duties, and make his bond in the penal sum of not 
less than two hundred dollars, to be approved by the 
Township Superintendent. Sec. 10. 

It is the duty of the Road Master to employ laborers, 
mechanics and teams, at specific wages, at a price not 
exceeding the ordinary price paid for that kind of labor 
in the township, requiring all laborers to work ten 
hours each day, and the Road Master shall be responsi¬ 
ble to the Township Superintendent for the perform¬ 
ance of the work in the manner directed by the Super¬ 
intendent or by the Engineer; and for any damage 
sustained by the township on account of any failure to 
perform the work as directed, the Road Master shall be 
liable on his official bond in the name of the township, 



ROAD MASTERS AND THEIR DUTIES. 


109 


in a suit brought before any Justice of the Peace of 
said township. Sec. 11. 

The Road Master shall keep the time of all hands 
employed by him, and for the payment of such hands 
shall give an order on the Township Superintendent. 
The Superintendent shall pay such order, requiring the 
payee to endorse the same to him, which shall serve as 
a voucher for the money paid. 

The Road Master may discharge any employe for 
cause, while the Superintendent may for cause dis¬ 
charge the Road Master. The Road Master shall be 
regarded as the agent of the Superintendent. Ife is 
really the employe of the Superintendent, and his 
wages or salary depends upon the contract made be¬ 
tween him and the Superintendent, but such wages can 
not exceed one dollar and fifty cents per day. 

The Road Master, or any other person by his order, 
may enter upon any lands adjoining any highway, or in 
reach thereof, while being improved, and construct a 
ditch, drain or dam, and dig and remove therefrom 
materials for the construction of such highway. 

The Road Master while required to give bond and 
take an official oath, he is nevertheless a subordinate 
officer. He is held to be the agent of the Township 
Superintendent, and can do no act binding upon the 
township not approved by the Superintendent. Sec. 9, 
acts 1881, 538. Although required to give bond and 
take an official oath, he must discharge his duties as 
directed by the Superintendent or Engineer; right or 
'wrong, he must obey them. If any damage accrue to 
the township through such obedience, they and not he 
are responsible for it; but if any damage accrue through 
his disobedience, he is responsible on his official bond-, 


110 


TOWNSHIP OFFICERS. 


and may be sued for such damage before any Justice of 
the Peace of the township. Id. 

He is criminally liable like any other officer. In the 
employment of laborers, mechanics and teams, a cer¬ 
tain price per day of ten hours, shall be agreed upon, 
and reported to the Superintendent. His own wages 
or salary is not fixed by law, but is fixed at a price 
agreed upon between himself and the Superintendent, 
not to exceed one dollar and fifty cents per day. Acts 
1881, 538. The contract or agreement between him and 
the Superintendent should be in writing, and recorded 
on the books of the Superintendent, or may be made 
and signed upon such books. His appointment should 
be of record in the books of the Superintendent. The 
entry may be as follows: 

% April-188— 

Ordered , that A B, be, and he is hereby appointed 

Road Master in-township,-County, Indiana, 

for one year, unless sooner removed for cause, at and 
for the agreed price of one dollar and fifty cents per 
day of ten hours. 

C D, Sup. of-Tp. 

I accept the position of Road Master in-town¬ 
ship, in-County, Indiana, for the term of one year, 

at and for the agreed price of one dollar and fifty cents 
for each day of ten hours, of actual duty. 

A B. 

A certified copy of the order of appointment and 
the acceptance should be made by the Superintendent, 
and given to the Road Master, upon which should be 
endorsed the oath of such Road Master. 









ROAD MASTERS AND THEIR DUTIES. 


Ill 


The official oath of Road Master may be as follows: 

State of Indiana,-County, ss: 

I, A B, swear that I will support the constitution of 
the United States, the constitution of the State of Indi¬ 
ana, and honestly and faithfully discharge my duties as 

Road Master in-township, as required by law, and 

in subordinatioifcdo the Township Superintendent and 
engineers by him employed, to the best of my ability. 
So help me God. 

AB. 

This oath may be administered by any officer author¬ 
ized to administer oaths generally. 

The Road Master shall keep a time hook in which he 
should keep the time of each laborer, mechanic and 
teamster by him employed, showing the number of 
hours of actual labor performed by such employe in 
each day, showing also the date and amount per day 
agreed to he paid for such labor. Also a regular debit 
and credit account with each laborer. Such Road 
Master shall also keep his own account in such time 
book, showing the number of days of ten hours each, 
of actual work. 

The order to be drawn by the Road Master for the 
payment of employes, may be as follows: 

No. 1. OFFICE OF ROAD MASTER, $10.00 

June-188— 

The Superintendent of-township will pay C D, 

a laborer employed by me at the rate of one dollar per 

day, ten dollars for ten days actual labor of ten hours 
each, on the highways of said township. 

A B, Road Master. 






112 


TOWNSHIP OFFICERS. 


This order when indorsed by the party to whom it is 
made payable becomes a voucher in the hands of the 
Superintendent, in his settlement with the Board of 
Commissioners. Acts 1881, 538. 

There is no provision of law for the Road Master 
reporting to the Superintendent. The law seems to 
contemplate a settlement with the Superintendent in 
accordance with the time hook of the Road Master, 
and that there shall he monthly settlements, or that 
each month’s time shall be kept separately. Acts 1881, 
538, sec. 12. 

FORMS. 

No. 1. 

DEED TO TOWNSHIP FOR SCHOOL SITE. 

A B, and his wife, C B, of the county of-, in 

the State of Indiana, convey and warrant to - 

school township, -county, for the use of common 

schools therein,* for-dollars, the following real es¬ 
tate situate in -county, in the State of Indiana, 

to-wit: (Here describe the real estate.) 

In testimony whereof the said, etc. 

No. 2. 

DEED FOR SITE OF JOINT GRADED SCHOOL. 

A B, and his wife, C B, of the county of-, in 

the State of Indiana, convey and warrant to-, and 

-school townships, for the use of the common 

schools therein,f for-dollars, the following real es¬ 
tate, situate in-county, in the State of Indiana, 

to-wit: (Here give description.) 

In testimony whereof, etc. 

*52 Ind. 114 ; 1 R. S. 1876, 900. 

tl R. S. 1876, 813 ; 59 lnd. 65. . 
















FORMS. 


113 


No. 3. 

DEED BY SCHOOL TOWNSHIP OF SCHOOL SITE. 

A B, trustee of-school township of-county, in 

the State of Indiana, conveys to C D, the following 

real estate in-county, in the State of Indiana, to- 

wit: (here describe premises), for-dollars. The 

said township having no further use for said grounds, 
and the said C D having offered the full appraised 
value of said lands, and no person offering more, the 

same were sold to him for said sum of-dollars, 

which he has paid. 

In testimony whereof, etc. 


No. 4. 

NOTICE TO AUDITOR OF LEVY OF SPECIAL SCHOOL TAX. 

Office Trustee of-School Township, 

June-, 188 —. 

To the Auditor of - County , Indiana: 

You will take notice that I have levied for special 
school purposes, thirty cents on each one hundred dol¬ 
lars worth of taxable property, and fifty cents each 

taxable poll, in-school township for the year 188 —* 

Please * assess and extend the same on duplicates. 

A B, Trustee of-School Township. 

AYhen a local tuition tax is levied by the Township 
Trustee the above form with a little change will suffice. 
It will also suffice for levy of special school tax by 
School Trustees of cities or incorporated towns. 


*1R. S. 1876, 783, Sec. 13. 

8 













114 


TOWNSHIP OFFICERS. 


No. 5. 


REQUEST TO CIVIL TRUSTEE OF TOWN OR CITY. 


Office of School Trustees of- 


J une- 


■, 188 —. 


You are hereby informed that we will need, in addi¬ 
tion to the common school revenue for tuition, to enable 
us to support our schools, a levy of local tuition tax of 
twenty-five cents on each one hundred dollars worth of 
taxable property, and twenty-five cents on each taxable 
poll in our school corporation, and respectfully request 
that you levy the same.* 



Board of School Trustees 


of the town (or city of) 


No. 6. 


LEVY OF LOCAL TUITION TAX. 


To the Auditor of - County: 


At the request of the hoard of school trustees of- 

we have this day levied, in aid of the common school 
revenue for tuition, twenty-five cents on each one hun¬ 
dred dollars worth of taxable property, and twenty-five 
cents on each taxable poll. You will therefore assess 
and extend the same on the taxable property and polls 

in such school corporation for the year-, as a local 

tuition tax. 


A B, President. 


Attest: C D, Secretary. 
[l. s.] 


* 1 R. s. 1876, 783. Note, Acts 1867, 30. 















officer’s duties. 115 

CHRONOLOGY OF OFFICER’S DUTIES. 

Township Trustees and Township Superintendents, 
elected on the first Monday in April, and biennially 
thereafter. Act 1881, 494. 

Shall file bond and qualify within ten days. Acts 
1881, 496; 1 R. S. 1876, 900. 

Trustee shall at all times keep a true record. 1 R. S. 
1876, 90. 

Trustee shall levy township tax, at June session of 
County Board. 1 R. S. 1876, 901. 

Trustee shall at March term of .the County Board 
make his annual report to Commissioners. 1 R. S. 
1876, 901. 

Shall record the same within ten days. Id. 

Trustee shall, at the time of making his annual re¬ 
port, file an itemized statement of services, and be 
allowed his pay. 1 R. S. 1876, 902. 

Trustee shall take enumeration in March and April. 
Id ., 783. 

Trustee shall report enumeration to Superintendent 
May 1st. 

Trustees meet as a County Board on the 1st of May 
and September. 

Trustees meet biennially on first Monday in June to 
elect County Superintendent. 

Trustee makes statistical report September 1st. 

Trustees report to Commissioners on first Monday 
after the second Tuesday in October. 1 R. S. 1876, 781. 

Trustees shall, within ten days after the date of such 
last mentioned report, file a copy thereof with the 
County Superintendent. Id ., 782. 

Trustees shall levy special school tax in the month of 
June, annually. 


TOWNSHIP OFFICERS. 


116 

Trustees, together with the Board of Commissioners, 
shall at the June term of such Board, annually, assess 
a commutation road tax. Acts 1881, 586. 

Trustees shall hold township institutes in their town¬ 
ships, on at least one Saturday in each month during 
the time their schools are progressing. 

Trustees’ books and accounts subject to inspection at 
all times. 1 R. S. 1876, 810. 

The time at which a school shall be taught may be 
settled by school meeting. 1 R. S. 1876, 788. 

The school year commences on the first Monday in 
July. 1 R. S. 1876, 788. 

Trustee shall report income from congressional town¬ 
ship lands by the fourth Monday in March each year. 
1 II. S. 1876, 794. 

The Trustee shall make report to the Board of Com¬ 
missioners at their June term, the condition of the poor 
of his township. 1 R. S. 1876, 680. 

Township Superintendents shall, in the month of 
April, May and June, annually, put the highways of 
his township in good repair. Acts 1881, 537. 

He shall expend the road fund by fifteenth of Novem¬ 
ber each year. Id. 

All work on highways, except the building or repair 
of bridges, shall be done between the first of April and 
fifteenth of November. 

Superintendent shall annually appoint a Road Master. 
Acts 1881, 538. 

The Superintendent shall settle annually with the 
Board of Commissioners at their June session. Acts 
1881, 538. 

He shall, at expiration of his term of office, make 
schedule of all township property in his hands. Act 
1881, 539. 




CHRONOLOGY OF OFFICER’S DUTIES. 


117 


The Superintendent shall, at the first meeting of the 
Board of Commissioners after the expiration of his 
term of office, make complete settlement. Id. 

Road Master shall keep time of employes. Act 1881, 
538. 

Dogs shall he tagged on or before the first of April. 
Act 1881, 395. 

Excess of fifty dollars of dog fund to be transferred 
to school fund, on the first Monday in October. Acts 
1881, 396. 

At expiration of term of office, Trustees shall make 
settlement with Board of Commissioners. 








APPENDIX. 


Linville et al. v . Leininger, Township Trustee. 

Woods, J.— The appellee, as trustee of Columbia 
township, filed his complaint against Josiah B. McDon¬ 
ald, executor of the last will of George Deer, deceased, 
and thirty-two others, showing that the plaintiff was, 
and since the 10th day of October, 1876, had been, the 
duly elected, qualified and acting trustee of said town¬ 
ship; that on the 2d Tuesday of October, 1870, said 
George Deer was elected trustee of said township, and 
gave bond and duly qualified as such, and served for 
two years, and was in October, 1872, re-elected, and, 
having given bond and qualified, entered upon the du¬ 
ties of his said office for the second term. From this 
point, the averments of the complaint are substan¬ 
tially as follows, viz : That, when first elected trustee, 
said Deer was poor, owning only about $90 worth of per¬ 
sonalty and $390 worth of real estate, encumbered for 
an amount unknown to the plaintiff; that, during his 
official term, said Deer received large sums of money 
belonging to the tuition, special school, road, township 
and dog funds of said township, and, unmindful of the 
trust reposed in him, wrongfully and unlawfully invested 
large amounts of said trust funds in his own private 
business, and continued to use the same in his said 
business from the time they came into his hands until 




120 


TOWNSHIP OFFICERS. 


his death, to-wit, in the business of making wagons, 
etc., and in the purchase of the personal property that he 
had on hands at the time of his death, a bill of particu¬ 
lars of which is filed with and made a part of the com¬ 
plaint as “ Exhibit A;” that he unlawfully loaned said 
funds to divers persons, and took notes therefor pay¬ 
able to himself, but of whom, and for what amounts, is 
not fully known to the plaintiff, except as shown in 
“ Exhibit C,” filed herewith and made a part hereof; 
that the business of said Deer during said time was 
unprofitable, and did not afford any great income, 
scarcely enough to maintain him and his family, and 
said trust funds were used by him as aforesaid, and were 
converted and put into the property named as his assets 
by his executor; that, on the 6th day of August, 1874, 
said Deer died intestate, and said McDonald was duly 
appointed and qualified, and is now acting as executor 
of the will; that, at his death, said Deer was seized of 
one lot and house, in which he had unlawfully invested 
a part of said funds, for particulars of which see “ Ex¬ 
hibit D,” filed with and made a part hereof; that nearly 
all of the notes, choses in action and moneys on hand at 
his death, were a part of said funds, a bill of particu¬ 
lars of which, marked “ Exhibit E,” is filed with and 
made a part hereof; that said executor inventoried and 
sold said property, collected the accounts, notes and 
choses in action , and took possession of said money, 
which were, in fact, the money .and property of said 
township, so unlawfully converted and used by said 
Deer as aforesaid, and has large amounts of money on 
hand atid loaned out, and awaiting the order of this 
court, a bill of particulars of which marked “ Exhibit 
G-,” is filed with and made a part hereof, which are the 
property of said township, and the proceeds of said 


APPENDIX. 


121 


funds so used by said Deer ; that said Deer, at his death, 
was largely indebted to the other defendants, who are 
made parties to answer as to their interest in the prem¬ 
ises, and was indebted to said township in the sum of 
$5,419.16, of which th6re still remains about $2,200 un¬ 
paid. Wherefore the plaintiff prays that the balance 
due said township be made a preferred claim against 
the estate of said Deer, and the executor ordered to pay 
over to the plaintiff all the moneys on hand collected 
from said accounts and notes, and by the sale of said 
property, upon said indebtedness to said township, and 
pay over as fast as he collects the same, all further sums 
received by him until the claim of said township is paid 
in full, and for all other proper relief. 

The appellant Linville and some of his co-defendants 
filed a demurrer to this complaint, on the ground that 
it did not state facts sufficient, which demurrer the court 
overruled, and said defendants excepted. Linville alone 
appealed, but none of his co-defendants has declined 
to join in the appeal. 

The demurrer should have been sustained. We do 
not overlook the well established principle of equity 
jurisprudence, within which there was an evident attempt 
to frame this complaint, namely, “ That whenever the 
trustee has been guilty of a breach of the trust, and has 
transferred the property, by sale or otherwise, to any 
third person, the cestui que trust has a full right to follow 
such property into the hands of such third person, un¬ 
less he stands in the predicament of a bona fide purchaser, 
for a valuable consideration, without notice. And if 
a trustee has invested the trust property, or its proceeds, 
in any other property into which it can be distinctly 
traced, the cestui que trust has his election .either to fol¬ 
low the same into the new investment, or to hold the 


122 


TOWNSHIP OFFICERS. 


trustee personally liable for the breach of the trust.” 
And where a part of the funds of the cestui que trust 
have been mixed up with other funds exclusively be¬ 
longing to the trustee in the new purchase or invest¬ 
ment, “ there may be ground to hold the trust funds in 
charge pro tanto therein.” 

These are extracts from the opinion of Justice Story 
in Oliver v. Piatt, 3 How. 333, (Zinn Leading Cases on 
Trusts, 18) wherein numerous authorities are cited. 
But the doctrine so announced as applicable to ordinary 
trustees, including agents, bailees and the like, is not 
applicable to public officers who give bond to secure a 
just and full accounting for the moneys which come into 
their management and control. 

A Township Trustee is required to “ execute a bond 
conditioned as in ordinary official bonds, with at least 
two freehold sureties, in a penalty of not less than 
double the amount of money which may come into his 
hands at any time during his term by virtue of his 
office.” 1 R. S. 1876, p. 900, sec. 5. In Halbert v. The 
State ex. rel. 22 Ind. 125, Worden, J., speaking for the 
court says : “ It is well established that a public officer 
who is required to give bond for the proper payment 
of moneys that may come into his hands as such officer, 
is not a mere bailee of the money, exonerated by the 
exercise of ordinary care and diligence; but that his 
liability is fixed by his bond, and that the fact that the 
money was stolen from him without his fault, does not 
release him from his obligation to make such payment.” 

In Morbeck v. The State, ex rel., 28 Ind. 86, this case 
was approved and the doctrine applied to the case of a 
Township Trustee; and in Rock v. Stinger, 36 Ind. 346, 
the same judge, speaking for the court, after reaffirming 
the doctrine and its applicability to a Township Trustee, 


APPENDIX. 


123 


says : “ Under these circumstances, as the trustee is not 
a mere bailee, it would seem that the legal technical 
title to the money in his hands is in himself. Suppose 
a Township Trustee should die with moneys received 
by him as such in his hands ; can it be claimed that the 
money, even if the specific bills or coin received by him 
officially could be identified, would go to his successor 
and not his administrator? We think it quite clear, in 
the case supposed, that the money would go to the ad¬ 
ministrator, because simply the title was in the trustee. 
This view is fully sustained by authority. In the case 
of Inhabitants of Colerain v. Bell, 9 Met. 499, it was held 
that £ the specific money received by a collector, in the 
collection of taxes, is his money, and not that of the 
town.’ ” 

But, say counsel for the appellee, in substance, this 
officer was a trustee, so named in the law, and the duties 
of a trustee are imposed on him, and, consequently, the 
law of trusteeship must apply to his transactions. There 
is no question that in the general management of his 
office, and in the discharge of its duties, he is responsi¬ 
ble as such, and may well be called a trustee; but, in 
reference to the public money which comes into his 
hands, it is not so. That, at the moment of receipt, be¬ 
comes his own. The amount he receives measures the 
amount for which he is liable on his bond, and the 
amount which he can officially expend; and he must 
manage his trust with reference thereto, holding him¬ 
self ready to apply that sum, if necessary, to the public 
uses, under his supervision, according to law; but with 
reference to any particular or specific money, no matter 
whence received, he owes the public no duty, and the 
public can make no demand therefor. 

This conclusion necessarily results from the doctrine 




124 


TOWNSHIP OFFICERS. 


enunciated in the cases referred to, supra , and the extra¬ 
ordinary liability imposed on public officials and their 
bondsmen, beyond any which is enforced against an or¬ 
dinary trustee, or private agent, or bailee, can be main¬ 
tained consistently on no other theory. 

It being conceded that the public officer, under bonds 
to account therefor, is not a bailee or trustee, but the 
owner of the moneys which come into his hands by 
virtue of his office, there is no room for an application 
of the equitable principle which the appellee endeavored 
to invoke, for that principle applies only in case of trusts 
and to the subject-matter of the trust. Repeating the 
expression used in Halbert v. The State, supra, the “ lia¬ 
bility ” of an officer who is required to give bond “ is 
fixed by his bond,” and in case of default resort must 
he had to that bond, if the individual responsibility of 
the officer is not adequate. There is no principle of 
equity or rule of law or statute by which the preference 
asked for can be allowed. 

Judgment reversed, with instructions to sustain the 
demurrer to the complaint. 

McLaughlin v. Shelby Township, Jefferson Co. 

W orden, J.—This was an action by the appelle 
against the appellant, upon a contract concerning tho 
erection of a school house. Demurrer to the complaint 
overruled, and exception. Such proceedings were had 
as that final judgment was rendered for the plaintiff 
below. 

The appellant has assigned for error, amongst other 
things the overruling of the demurrer to the complaint, 
and that the complaint does not state facts sufficient to 
constitute a cause of action. 


APPENDIX. 


125 


A complaint, to be good, must state facts sufficient 
to constitute a cause of action in favor of the party 
who sues. The civil township is the plaintiff in this 
ease, and though there may be a good cause of action 
stated in favor of the school township, there is none in 
favor of the civil township. The civil township has 
no authority to make contracts for the erection of 
school houses. Carmichael v. Lawrence, 47 Ind. 554. 

The contract sued upon in this case is a written one 
and purports on its face to have been executed between 
the civil township, by her Trustee, and the defendant. 
Whether it might not be construed, or shown by aver¬ 
ment, to have been entered into between the school 
township and the defendant, we do not decide. If it is 
to be regarded in no other light than as a contract 
between the civil township and the defendant, it is 
void for the want of power on the part of the town¬ 
ship to enter into it. Hence, if any right of action 
upon it exists, it is in favor of the school township. 

The counsel for the appellee, however, controvert the 
proposition that there are two distinct corporations in 
the same territory, the one being the civil, and the 
other the school township. Such was held to be the 
case in Carmichael v. Lawrence, syjpra. See, also, 
Steinmetz v. The State, 47 Ind. 465. Upon a re-exami¬ 
nation of the question, we are not able to arrive at any 
different conclusion. 

The fourth section of the act to provide for a more 
uniform mode of doing township business, etc., 1 G. 
& II. 636, provides, that “each and every township, that 
now is, or may hereafter be organized in any county in 
this State, is hereby declared a body politic and corpo¬ 
rate, by the name and style of-township of- 

county, according to the name of the township and 




126 


TOWNSHIP OFFICERS. 


county in which the same may he organized, and by 
such name may contract and be contracted with, sue 
and be sued in any court having competent jurisdic¬ 
tion.” The object and purpose of this corporation is 
the transaction of ordinary township business, and 
though the word “civil” is no part of the name of the 
corporation, that term has been sometimes applied to it. 
When, therefore, for example, “Shelby township of 
Jefferson county” is mentioned, it must he understood 
to refer to the corporation provided for in the above 
statute, and not the school corporation hereinafter 
mentioned. 

Then the first section of an act incorporating school 
townships, etc., 1 G. & H. 570, provides, “that each and 
every township that now is, or may hereafter he organ¬ 
ized in any county in this State, is hereby also declared 
to be a school township, and as such to he a body 

politic and corporate, by the name and style of- 

school-township of-county, according to the 

name of the township and of the county in which the 
same may be organized, and by such name may contract 
and he contracted with, sue and he sued, in any court 
having competent jurisdiction.” Here is a corporation 
created, distinct ^rom that provided for in the act first 

above set out, to he denominated-school township of 

-county, according to the name of the township and 

county, with power to sue and be sued as such. 

But this act did not embrace towns and cities, and 
it was afterwards provided, in an act approved March 
6th, 1865, 8 Ind. Stat. 440-1, sec. 4, that “ each civil 
township and each incorporated town or city in the 
several counties of the State is hereby declared a dis¬ 
tinct municipal corporation for school purposes, by the 
name and style of the civil township, town or city cor- 







APPENDIX. 


127 


poration, respectively, and by such name may contract 
and be contracted with, sue and be sued in any court 
having competent jurisdiction, and the Trustees of such 
township and the Trustees provided for in the next 
section of this act, shall, for their township, town or 
city, be School Trustees, and ^perform the duties of 
Clerk and Treasurer for school purposes.” This act 
shows unequivocally an intention on the part of the 
legislature to create school corporations, distinct and 
separate from the corporations of the civil townships, 
towns and cities. The language is “each civil township 
and each incorporated town or city,” etc., “is hereby 
declared a distinct municipal corporation for school 
purposes,” etc. Distinct from what ? Clearly from the 
corporations of the civil townships, towns and cities. 
Language could scarcely make it plainer. We see 
nothing in this act that changes the name of the school 
townships as provided for in the act previously noticed. 
The two statutes are consistent with each other and 
may stand together. 

The complaint, as we have seen, states no facts giv¬ 
ing the plaintiff any right of action, and the judgment 
will, for that reason have to be reversed. 

There is a brief on file in which one of the counsel 
for the appellant asks us, though we should decide the 
point thus considered for the appellant, to consider and 
pass upon some other questions that arose during the 
progress of the cause in the court below. We, how¬ 
ever, have no time or energy to waste in the pursuit of 
mere abstractions, or questions not arising in the record. 

The judgment below is reversed, with costs. 

Petition for a re-hearing overruled. 


128 


TOWNSHIP OFFICERS. 


Koontz v . The State, ex rel. Wier et al. 

Worden, J. — Mandate by the appellee against the 
appellant, to require the latter, who was a Township 
Trustee, to proceed with the erection of a certain 
school house. 

There was a demurrer to the complaint, assigning, 
among other things, the want of a statement of suffici¬ 
ent facts, hut it was overruled and an exception taken. 

Such further proceedings were had as that final 
judgment was rendered for the plaintiff, and a per¬ 
emptory mandate ordered. 

The complaint alleges that the relators, “on the 13th 
day of February, 1871, filed their petition with the 
defendant, trustee,” etc., “for the erection of a certain 
school house in said Mount Pleasant township, upon a 
certain site in said petition described, to cost not more 
than a sum therein specified; that at the time of the 
presentation of said petition, the signers state the plain¬ 
tiffs were and are now patrons of the public schools in 
said township, entitled to petition the Trustee of said 
township for the erection of a school house; that they 
are inhabitants of that part of Mount Pleasant town¬ 
ship constituting school district No. 1, and had children 
who were entitled to the benefits of common schools of 
said township; that believing there was not a school 
house conveniently located, they petitioned the said 
Trustee for the building of one as aforesaid; that when 
said petition was presented to said Trustee, he refused 
the prayer thereof, from which decision by him so made 
the plaintiffs appealed to the proper School Examiner of 
said county, as provided by law, and after a full hearing 
of said cause by said Examiner, the decision of said 
Trustee was not concurred in, but in all things reversed, 


APPENDIX 


129 


and said Trustee ordered to proceed to comply, without 
delay, with the judgment so rendered; a copy of said 
judgment, together with the specifications of said 
building, certified by said Examiner, was duly sent to 
said Trustee, a copy whereof is filed herewith; that 
instead of complying with the judgment and orders of 
said Examiner, as required by law, he has refused and 
still refuses to do or perform any act whatever in the 
direction of a compliance with said judgment and 
order. And that, by reason of the great necessity 
existing for said house, said petitioners were desirous 
to have the said house prepared for occupancy before 
the close of the present season; that without it a large 
portion of the children of the plaintiffs will he deprived 
of their school and the benefit of their just proportion 
of the public funds; that the plaintiffs desire said house 
as soon as the same can be built; wherefore they ask 
that a writ of mandate issue/’ etc. 

A copy of the petition to the Trustee is set out in 
the transcript, but it is not professedly made a part of 
the complaint, and can not be regarded as such. But 
the judgment of the examiner is filed with the com¬ 
plaint, and is as follows: 

“ And on the 3d day of May, 1871, the day appointed 
for the hearing of said appeal, come said petitioners 
and said Trustee before me, and on issue joined upon 
said appeal said parties proceed to trial; and after 
hearing the evidence pro and con in said case, the 
Examiner finds that the school house prayed for in said 
petition is necessary for the convenient accommodation 
of the children entitled to school privileges in said dis¬ 
trict Eo. 1 in said township; and the site for its loca¬ 
tion being unobjectionable, he adjudges and decrees 
that said Trustee build and furnish said house accord- 
9 


130 


TOWNSHIP OFFICERS. 

* 

ing to the terms of said petition, and that he proceed 
with said work forthwith. Given under my hand,” etc. 

The petition to the Trustee, as set out in the tran¬ 
script, refers to the site of the proposed school house 
as follows: “Upon the following described site or 
location, upon the attached plan and specifications, 
which, if accepted by your excellency, will be donated 
in fee to the township.” Then, in the specifications, 
the site is described as follows: “This house to be sit¬ 
uated and located on the north west corner of Martin 
J. Williamson’s land, twenty-five rods oft* Alexandria 
and Muneie pike, and on the road leading north to the 
Delphi pike.” 

It is objected that the complaint is bad, because it 
does not sufficiently describe the land on which the 
house was to be built. The north west corner of Mar¬ 
tin J. Williamson’s land is a description that might 
possibly be made certain. It might, perhaps, be ascer¬ 
tained what land Martin J. Williamson owned lying 
within the vicinity of the pikes mentioned. But with¬ 
out determining upon the sufficiency of the description, 
we proceed to another objection that seems to us to be 
fatal to the complaint. By what authority can a Town¬ 
ship Trustee be required to proceed to the erection of 
a school house upon the land of a private individual? 
Without some authority from the owner, he would be 
a trespasser in so doing, and liable to an action for 
damages. 

The complaint does not show that Martin J. William¬ 
son has donated or sold the land to the township, or 
given any consent or license for the erection of the 
house. The petition to the Trustee was signed by one 
M. J. Williamson, but we can not assume, even if the 
petition were to be regarded as a part of the complaint. 


APPENDIX. 


131 


that he was the Martin J. Williamson upon whose land 
the house was to he located. The petition says that 
the site, “if accepted by your excellency,” the Trustee, 
“will be donated in fee to the township.” The owner 
of the land can not be held as vouching for the dona¬ 
tion, unless that we assume that he is the same man 
that signed the petition under the name of M. J. Wil¬ 
liamson. Again, the Trustee did not accept the site, 
and it may be doubtful whether the proposal to donate 
the land should be construed beyond the terms employed 
in the petition. M. Johnson Williamson was originally 
named as one of the relators in this case, but he after¬ 
ward tiled a written dismissal thereof so far as he was 
concerned, under the name of M. J. Williamson. 

Assuming that Martin J. Williamson, M. Johnson 
Williamson, and M. J. Williamson are one and the 
same person, his dismissal of the action so far as he 
was concerned may be taken as a circumstance tending 
to show some change of purpose on his part. There is 
nothing in the record which binds him tothe proposed 
donation. 

In the absence of any showing of a right, on the part 
of the school authorities, to build the house on the land 
mentioned, we think it was clearly erroneous to require 
the Trustee, by mandate, to proceed with the building, 
and that the demurrer to the complaint should have 
been sustained. , 

The defendant filed an answer of several paragraphs, 
to all of which demurrers were sustained, except the 
general denial which was withdrawn, but we deem it 
unnecessary to notice more than one. The substantial 
part of the third paragraph is as as follows: “That 
upon the 4th day of October, 1871, the citizens, tax 
payers, and legal voters at school meetings in said 


132 


TOWNSHIP OFFICERS. 


school district and township, the patrons ot the schools 
held in said district, presented to this defendant as such 
Trustee a petition signed by them, a copy whereof is 
herewith filed and made a part of this paragraph, ask¬ 
ing him, by virtue of the power of his said office, to 
change the location of the school house by said exami¬ 
ner ordered to be erected, from the site where so ordered 
to the north west corner of the west half of the south 
west quarter of section twelve (12), in township twenty 
(20) north of range (9) east, on the land of James K. 
Williamson, in Mount Pleasant township, Delaware 
County, Indiana, and to erect thereon a good and suf¬ 
ficient school house, and to sell the old school house 
then in said district; that said petition was signed by 
a majority of all the tax payers and property owners 
in and attached to said school district entitled to vote 
at school meetings therein; that upon the reception of 
said petition in his Capacity as such Trustee, this de¬ 
fendant took the same under consideration, and on the 
5th of October, in the year 1871, decided that the 
prayer of said petition be granted, arid the location of 
the school house in said district should be changed 
from the site where located by the decision of the said 
School Examiner to the” (here the location is described 
as in the petition) “before named, as prayed for in said 
petition, and thereupon entered said petition and decis¬ 
ion upon the official records of the Trustee of said 
township, and he files a copy of said record herewith 
and makes the same a part of this paragraph; he 
further says that said decision stands in full force, unre¬ 
voked, unreversed, and unappealed from. The defend¬ 
ant further says that the location so last established by 
said Trustee is the site best adapted to the school wants 
and necessities of said district, and is the one demanded 


APPENDIX. 


133 


by a large majority of the tax payers, property owners, 
and legal school voters of said district; that but one 
school house is needed in said school district to accom¬ 
modate the pupils therein, and the site so selected by 
the Trustee is the best and most available therefor.” 

The question presented by this paragraph is, whether 
a Township Trustee can change the location of a school 
house after it has been established by the School Exam¬ 
iner on appeal to him from the decision of the Trustee. 
We think he can. By section 10 of the school law, 3 
Ind. Stat. 443, it is made the duty of Trustees, among 
other things, to “ establish and locate, conveniently, a 
sufficient number of schools, * * * and build or 

otherwise provide suitable houses,” etc. 

By section 26, school meetings are authorized “to 
petition the Township Trustee for the removal of their 
school house to a more convenient location,” etc., but it 
is provided that nothing therein contained shall prevent 
the Trustee from exercising a sound discretion as to the 
propriety or expediency of making such removal. 

Section 164 of the act authorizes an appeal from the 
Trustee to the School Examiner, and the decision of 
the Examiner upon all local questions relating to the 
legality of school meetings, establishment of schools, 
and the location, building, repair, or removal of school 
houses, is made final. 

The decision of the Examiner is, doubtless, final, so 
far as the particular case before him is concerned. But 
when the Examiner, upon a case appealed to him, has 
established the location of a school house, is that loca¬ 
tion to be forever thereafter permanent? Is there no 
pow'er left in the Trustee, for it must be in him if in 
any one, to subsequently change the location, in order 
to meet the varying wants of the district? We shall 


134 


TOWNSHIP OFFICERS. 


hold that the location thus made by the Examiner must 
forever remain unalterably fixed, or that it may be sub¬ 
sequently change by the Trustee. If it may be changed 
by the Trustee at all, it may be done at any time after 
the action of the Examiner. Mere lapse of time, 
whether long or short, can not affect the question. As 
before observed, we think it clear that the Trustee can 
make the change. Doubtless, his act in doing so is 
subject to an appeal again to the Examiner; and it is 
objected that this construction, instead of fixing the 
locality of the school house, will keep it vibrating, like 
a pendulum, between the places respectively selected 
by the Trustee and the Examiner. This is one of the 
evils that may be remedied either by some change in 
the law, or by the selection of officers that will act 
in some degree harmoniously. 

In the case before us, if the Trustee had granted the 
original petition, there can be no doubt that he might 
subsequently have changed the location of the house; 
and it seems to us just as clear that he had the same 
right to change it, though established by the Examiner 
on appeal. We may further remark that, from the 
allegations of the answer, the change seems to have 
been judiciously and properly made. The paragraph 
of the answer we have been considering was good, and 
the#demurrer to it should have been overruled. 

The judgment below is reversed, with costs; and the 
cause is remanded, for further proceedings not incon¬ 
sistent with this opinion. 

Wright, Trustee, v. Stockman et al. 

Howk, J.—In this action the appellant was the plain¬ 
tiff, and the appellees were the defendants, in the court 
below. 


APPENDIX. 


135 


The appellees “jointly and severally ” demurred to 
the appellant’s complaint, upon the ground that it did 
not state facts sufficient to constitute a cause of action, 
which demurrer was sustained by the court below, and 
to this decision the appellant excepted. And the ap¬ 
pellantrefusing to plead further, judgment was rendered 
by the court below on the demurrer, in favor of the ap¬ 
pellees and against the appellant, from which judgment 
this appeal is now here prosecuted. 

The decision of the court below, in sustaining the 
appellees’ demurrer to his complaint, is the only error 
assigned by the appellant in this court; and this error 
presents for our consideration the sufficiency of the facts 
stated in the complaint to constitute a cause of action. 
As necessary to the proper presentation of this question, 
we wdll set out a copy of the appellant’s complaint, as 
follows: 

“The State of Indiana, Decatur County, Set. 

“Richard Wright, Trustee of Clay^ 

Township, j In the Decatur 

vs. [> Circuit Court. 

“Henry C. Stockman, and the Town | Injunction, 
of Milford, a School Corporation. J 

“Richard Wright, the plaintiff, complains of said de¬ 
fendants, and says, that he is a resident citizen and tax 
payer of Clay township, Decatur county, Indiana, and 
Trustee of said township; that, as such tax payer, he 
claims the right, and, as such Trustee, he claims that it 
is his duty, to prosecute this action; he further avers, 
that the town of Milford claims to be an incorporated 
town, in his township, and as such, by law, a separate 
school corporation; that, at the time of the incorpora¬ 
tion of said town, they did not file any plat, map or 
survey of said town, as required by law; that Henry C. 


136 


TOWNSHIP OFFICERS. 


Stockman is Treasurer of Decatur county, Indiana; that 
the following named persons are citizens and bona fide 
residents of said town of Milford, and were such for a 
long time before the last enumeration of children of 
said town for school purposes; that all of said persons 
have a large amount of property, real and personal, 
situated without the corporate limits of said town, and 
within the township of Clay, viz.: William Anderson, 
James O’Laughlin, Jacob L. Inman, Albert C. Russell, 
James Braden, Joseph Rothschild and Ferdinand Roths¬ 
child, partners, taxed as J. & F. Rothschild, Jesse Staf¬ 
ford and John B. Trimble; that the plaintiff files here¬ 
with a schedule, containing the names of such parties 
and showing the amount of property owned by each 
and situated out of the said town (Ex. ‘A.’); that the 
following named persons live without said town, and 
within said township, and have no children entitled to 
school privileges, nor none between the ages of five 
years and twenty-one years, viz.: Edmund Marshall, 
Wm. H. Powner and Elizabeth Boyer; that each of 
said last named persons has a large amount of real and 
personal property without said town and within said 
township, a schedule of which is filed herewith, showing 
the name of each and the tax due from each (Ex. ‘B.’); 
that said persons were wrongfully transferred, without 
their consent; that said town of Milford, by its proper 
officer, made an enumeration of the children of said 
town for school purposes, as provided by law, including 
such as were transfered from the township, as provided 
by law, and said corporation of Milford, in order to 
wjong said township, falsely and wrongfully made it to 
appear that all the aforesaid persons had been trans¬ 
ferred to said town for school purposes, which was 
wrongfully done for the purpose of giving said town 


APPENDIX. 


137 


the benefit of the school taxes levied and assessed 
against said persons and their property; that said tax 
payers wrongfully neglected and refused to have such 
enumeration corrected and did not appeal therefrom to 
the county superintendent, and the plaintiff was not a 
party to such enumeration, and had no right or power 
to appeal therefrom; that he called upon the Auditor 
of said county and besought him to correct said false 
enumeration and make his tax duplicate according to 
the legal rights of the parties, and said Auditor refused 
to do so; that said persons have been assessed and have 
paid on their property a large amount of tax, to-wit, 
one hundred and fifty dollars ($150), which tax properly 
•belongs to the township of Clay, and not to Milford; 
that the Auditor of said county made and prepared a 
tax duplicate for said town, by which it was made to 
appear that said persons owed taxes to said down on 
said property, which duplicate was made in due con¬ 
formity to the enumeration made by said corporation; 
that the Auditor of said county duly delivered said 
duplicate to said Treasurer, Stockman, who, by virtue 
thereof, has collected said tax, and now refuses to pay 
the same to Clay township, but threatens to pay the 
same to the Milford corporation. Wherefore the plain¬ 
tiff asks that said Stockman he restrained and enjoined 
from paying said money, or any part thereof, to said 
town, and that said injunction be made mandatory 
against said town in this, to-wit: that they be required 
and directed to correct their enumeration, so as to show 
that said persons are not transferred parties for school 
purposes, and for all other proper relief.” 

It seems very clear to us, that this action can not be 
maintained. We infer, from the averments of the 
complaint, that a controversy has existed between “Clay 


138 


TOWNSHIP OFFICERS. 


School Township,” a corporation of that name, of De¬ 
catur county, Indiana, and the “ School Town of Mil¬ 
ford,” a corporation of that name, of the same county, 
in regard to the ownership of certain taxes assessed and 
collected for school purposes. With this controversy, 
however, it is manifest that neither the civil township 
of Clay nor the civil town of Milford, which are separate 
and distinct corporations, territorially the same as, but 
clothed by law with powers, rights and franchises 
entirely different from those of,* the said school corpo¬ 
rations, have or can have any possible connection. This 
action is brought by and in the name of the Trustee of 
Clay township, Diehard Wright. If the subject-matter 
of the action was one in which the civil township had, 
or could have, any possible interest, still the' Trustee of 
said township could not maintain the action in his own 
name, as Trustee. The civil township is a “ body politic 
and corporate,” and, by its corporate name, must “sue 
and be sued.” 1 II. S. 1876, p. 900, sec. 4. If the taxes 
described in the appellant’s complaint had belonged to 
the civil township, the suit should have been brought 
in the corporate name of that township, but not in the 
name of its Trustee. It is clear, however, from the 
statements in the complaint, that the alleged cause of 
action, if any existed, was one in favor of the “ School 
Township of Clay,” and not in favor of the civil town¬ 
ship. The “ School Township of Clay,” is also, by law, 
a “body politic and corporate,” and, by its corporate 
name, must “sue and be sued.” 1 R. S. 1876, p. 780, 
sec. 4. As between the civil township and the school 
township, the latter alone had or could have any interest 
whatever in taxes assessed and collected on persons 
or property within its territorial limits, for school pur¬ 
poses. Manifestly, therefore, this action was improperly 


APPENDIX. 


139 


brought in the name of the trustee of the civil town¬ 
ship, and would have been improperly brought if 
it had been brought in the corporate name of the 
civil township; for it is apparent on the face of 
the complaint, that the u School Township of Clay” 
alone, as between it and the civil township, had or could 
have any possible interest in the subject-matter of this 
action. Carmichael v. Lawrence, 47 Ind. 554; Mc¬ 
Laughlin v. Shelby Township, 52 Ind. 114; Sims v. Mc¬ 
Clure, 52 Ind. 267; The City of Huntington v. Day, 55 
Ind. 7; and Jackson Township v. Barnes, 55 Ind. 136. 

For the same reasons, it is evident also, on the face 
of the complaint, that the town of Milford is not a 
proper party defendant in this action. Whatever claim 
to, or interest in, the taxes mentioned in appellant’s 
complaint, the “School Town of Milford” might pos¬ 
sibly have, it is very certain, we think, that the civil 
town, the defendant in this action, did'not, and could 
not, have any possible claim to, or interest in, such 
taxes. It seems to us, therefore, that it would be a 
waste of time for us to attempt to settle the claims of 
the two school corporations to the taxes in controversy, 
when neither of said corporations is a party to this 
action, and neither would be bound by our decision. 

In our opinion, the court below did not err in sustain¬ 
ing the appellees’ demurrer to the appellant’s complaint. 

The judgment is affirmed, at the costs of the appell¬ 
ant. 


Greensboro Township, Henry County v. Cook. 

Biddle, C. J.—David K. Cook sued Greensboro Town¬ 
ship, in Henry county, Indiana, for “ twenty days teach¬ 
ing school at Prairie school-house, and for said township, 


140 


TOWNSHIP OFFICERS. 


at the request and upon the employment of Stephen 
Ditch, Trustee of said township, in the Fall of 1873, at 
two dollars per day,” which he alleges is due and unpaid. 
The suit was commenced before a Justice of the Peace, 
and was appealed to the Circuit Court, wherein the ap¬ 
pellee recovered judgment against the appellant, over a 
motion for a new trial and exception. The appellant 
brought the case here on appeal. 

Greensboro Township is the name of the corporation 
of the civil township. The Trustee of Greensboro Town¬ 
ship has no authority to employ school-teachers, and the^ 
township can not he made liable to them, if so employed. 
Greensboro School Township is the name of the school 
township, and is the only authority, which, by its Trus¬ 
tee, can employ a school-teacher. The two corporations, 
both created by law, although they occupy the same 
territory, and have the same Trustee, are as distinct in 
their rights and liabilities as are two individuals of dif- 
erent names. They can not perform each other’s func¬ 
tions, nor he made liable for each other’s duties. This 
case, therefore, can not be sustained. The appellee has 
sued one corporation for the liability of another. He 
must fail in his suit. This question has been several 
times decided by this Court. See Jackson Township v. 
The Home Insurance Co., etc., 54 Ind. 184, and the cases 
there cited. 

There is another question made in the case, upon an 
amendment to the summons, hut it is useless to decide 
it, as we hold that the appellant can not be held liable 
even when “ in court.” 

The judgment is reversed, with costs; cause remanded, 
etc. 


MISCELLANEOUS PROVISIONS. 


ENUMERATION. 

It is made the duty of the Township Trustee in each 
township of the several counties in this State to make 
an enumeration of the white male inhabitants over the 
age of twenty-one years, commencing in the year 1866, 
and repeating the same in each successive period of six 
years thereafter. R. S. sec. 4780. 

He is required to take the name and age of every 
white male inhabitant within his township, in a book 
or books to be provided for the purpose, setting oppo¬ 
site the name of each person his age, and number the 
names on such books. R. S. sec. 4781. 

The Township Trustee shall perform the duties re¬ 
quired of him in the foregoing sections between the first 
day of January and the first day of July, in each year 
such enumeration is required; and shall, in another 
book to be provided for the purpose, arrange the names 
of such persons in alphabetical order, showing opposite 
the name, the age of each person so enumerated. The 
trustee shall verify the correctness of such entries by 
his affidavit, showing that said book contains, as he 
verily believes, an honest, true, correct and complete 
statement of such inhabitants; that no person has been 
enumerated who was not at the time of making the 
same, a white male inhabitant, over the age of twenty- 
one years. This enumeration when completed shall be 
filed with and preserved by the County Auditor. R. S. 
sec. 4782. 



142 


MISCELLANEOUS. 


The Trustee may appoint one or more assistants to 
make such enumeration; but before entering upon his 
duties, such assistant shall take and subscribe an oath 
binding him to the performance of his duties honestly 
and faithfully, which oath shall be filed with and pre¬ 
served by the Trustee. 

When an assistant is appointed, the Trustee shall as¬ 
sign to such assisstant, either the whole township, or a 
certain definite portion of such township. And such 
assistant or assistants shall enter his part of said town¬ 
ship, in a book to be provided for him, kept and verified 
as the book kept by the Township Trustee. The book 
made by the assistant shall be filed and kept by the 
Trustee as one of the records in his office. If more than 
one assistant be appointed, each shall have a separate 
territory assigned him, and each make an enumeration 
of the territory assigned him, and make and verify his 
own book; and from these lists or books of such assist¬ 
ants, the Trustee shall compile and verify his own book, 
and file it with the County Auditor. K. S. sec. 4784. 

The Trustee may at his pleasure remove any assistant 
by him appointed, or appointed by his predecessor, and 
appoint another in his stead. He may make any cor¬ 
rection he may deem necessary of error or mistake, or 
supply any omission, made or suffered by his assistants. 
K, S. sec. 4785. 

The book containing enumeration made in whole or 
in part by the Trustee himself, together with the books 
made by assistants, shall be filed in the office of the 
Trustee as a public record therein, as provided for in 
sec. 4781, and the book made therefrom as provided in 
sec. 4782, shall be filed with the County Auditor. 14. S. 
sec. 4786. 

By provision of statute, 14. S. sec. 4799, the Trustee 


APPENDIX. 


143 


shall make a list of colored male inhabitants of his 
township, at the same time and in like manner as pro¬ 
vided for making enumeration and return of white male 
inhabitants. 

The suppression of the truth or the making of a false 
statement by any officer or person charged with the 
duty of carrying out the provisions of this law, shall be 
perjury, and the party so offending shall be deemed 
guilty of perjury. R. S. sec. 4785. 

A failure to perform any duty in the manner, and 
time required of any officer charged with such duty, 
shall be deemed official negligence, and such officer shall 
for every such offense forfeit and pay not less than fifty 
nor more than five hundred dollars, to which may be 
added imprisonment in the county jail not exceeding 
thirty days. R. S. sec. 4796. 

Any officer or person, charged with the performance 
of any duty under the provision of this act, who shall 
fraudulently do. or leave undone any part of his duty, 
shall be deemed guilty of an official fraud, and for every 
such offense shall forfeit and pay not less than one 
hundred nor more than one thousand dollars, to which 
may be added imprisonment in the county jail not to 
exceed six months. R. S. sec. 4797. 

Indictments may be found under the provisions of 
sections 4795, 4796 and 4797, and it is made the duty of 
the court to give these provisions strictly in charge to 
grand jury. R. S. sec. 4798. 

FENCE VIEWER. 

The Township Trustee is declared to be Fence Viewer. 
Sec. 5994. The statute does not define the duty of 
Fence Viewer; but by the provision of sec. 5037, R. S., 
the Trustee of the township, may, on the petition of an 


144 


MISCELLANEOUS. 


individual desiring it, permit such person to plant a 
hedge on his land adjoining a public highway, and grant 
such person the privilege of placing his fence seven feet 
on such highway, provided such fence will not he an 
obstruction to such highway. 

The petition may be in the following form: 

To the Honorable , the Trustee of - Township ,- County: 

Your petitioner respectfully prays permission to place 
his fence adjoining and on the north side of the high¬ 
way known as the Bloomfield road, seven feet within 
such highway, to enable him to plant and protect a 
hedge along said highway. E F. 

The Trustee should make an entry upon his township 
record showing the filing of said petition, and his action 
thereon. 

The entry may be as follows : 

July 24, 1882, comes E E and files a petition praying 
permission to build a fence seven feet within the high¬ 
way known as the Bloomfield road, on the north part 
of said road and it being made to appear to my satisfac¬ 
tion, that said highway at the point mentioned, is of 
sufficient width to permit the same without obstructing 
said highway, it is therefore ordered, that E F be and he 
is hereby permitted to build said fence seven feet within 
such highway, and that the same be permitted to re¬ 
main a sufficient length of time to allow a hedge to 
grow sufficiently to serve as a fence. G H, Trustee. 

VACANCIES TO BE FILLED BY TRUSTEES. 

The Township Trustees shall fill vacancies in the office 
of County Superintendent. R. S. sec. 4424. 

The Trustee of any township in which a vacancy shall 





APPENDIX. 


145 


occur in the office of Township Superintendent, shall 
appoint some qualified voter of his township to fill such 
vacancy. R. S. sec. 5993. 

Upon the failure of school meetings to elect a director 
in any school district, or in cases of vacancy in such 
office by death, resignation, or from any other cause, 
the Township Trustee shall appoint a voter of such 
school district director. R. S. sec. 4498. .A director ap¬ 
pointed by a Township Trustee may be removed by a 
petition of three-fourths of the legal voters of his dis¬ 
trict, when the Trustee shall again fill such vacancy as 
in the first instance. Id. 

SERVICE OF PROCESS ON TRUSTEE, ETC. 

In all suits against the township, process (summons) 
shall he served upon the Trustee, by delivering a eerti-. 
fied copy thereof to him, at least ten days before the 
return day of such process. R. S. sec. 6003. 

The Township Trustee may institute a suit against a 
railroad company to enforce any contract made by the 
Board of Commissioners with such company, touching 
freight rates, location of machine shops, depots, etc., 
when such company fails or refuses to perform its con¬ 
tract. R. S. sec. 4058. 

TITLE TO SCHOOL PROPERTY—EMINENT DOMAIN. 

By act of April 16, 1881, it is provided, that when¬ 
ever, in the opinion of the Trustees of school corpora¬ 
tions or of the Towmship Trustee of any township in 
this State, it shall be considered necessary to purchase 
any real dstate on which to build a school house or for 
any other purpose connected therewith, such Township 
Trustee or School Trustees, or a majority of them, may 
IO 


146 


MISCELLANEOUS. 


file a petition in the Circuit Court of said county asking 
for the appointment of appraisers to assess the value of 
said real estate. R. S. sec. 4517. Ten days’ notice of 
the pendency of such petition shall be given to the 
owner or owners of said real estate, when the court will 
appoint three freeholders of the school corporation or 
township, where said real estate is situated to appraise 
the same. R. S. sec. 4518. 

Said appraisers shall take an oath before the clerk of 
said court, to make a fair, true and honest appraisement 
of said real estate, before appraising the same. Such 
appraisers in arriving at the value of such lands, may 
hear evidence of witnesses, and take any other step 
necessary to enable them to ascertain the fair cash value 
of the same; and shall, within five days after their ap¬ 
pointment, report to the Circuit Court their appraise¬ 
ment. The owner of said real estate may join issue 
with such applicant by filing his exception to the ap¬ 
praisement, and such issue may he tried before the said 
court. When the value of said real estate is finally de¬ 
termined, the trustee may pay the amount thereof to 
the clerk of said court, for the use of the owner of such 
real estate. And upon payment thereof, the title to 
said real estate shall vest in said School Corporation for 
said purposes. R. S. sec. 4519. 

The law is silent as to the kind of notice to be o-iven 
to the owner, but perhaps a summons would be proper. 
The statute declares that upon payment of the appraise¬ 
ment to the clerk, the title shall vest in the School Cor¬ 
poration. Whether it will or not, is a matter for the 
courts to determine. Private rights are said to be sub¬ 
ordinate to public necessity; but the necessity must 
exist. The public has no use for this property except 
for school purposes, and upon the removal of the school 



APPENDIX. 


147 


to some other lands it is doubtful if the land will not 
revert. The legislature may enforce the servitude of 
land, an easement of it for public purposes, hut whep 
the servitude ceases the land will revert. 1 East 64 ; 28 
Pen. St. 355 ; 11 Wendell 150 ; 19 Ohio 599 ; 14 Ill. 163; 
23 Ind. 623; 46 Ind. 331. 

Trustees should take a deed in addition to the above, 
if they can procure it. R. S. sec. 4508. 

The petition may he in the following form: 

In the-Circuit Court : 

To the Honorable , the Judge of the - Circuit Court: 

Your petitioner would respectfully show the court that 
the schools of his township require the location of a 
school house on the lands of A B, to-wit: (here describe 
particularly by metes and boundaries the lands desired,) 
and he respectfully asks the court to appoint appraisers 
to appraise and assess the value of said real estate. 

C D, Trustee. 

The law makes no provision for any resistance of the 
owner of such real estate against the prayer of said pe¬ 
tition. The only thing which would indicate that the 
owner might appear and defend against the prayer of 
the petition, is that ten days’ notice is required to he 
given him, of the pendency of the petition. 

The language of the law is peculiar. The Trustee 
may file his petition “ Whenever in his opinion it shall 
be considered necessary.” And “ upon such petition 
being filed, (the owner having had notice) the court 
shall appoint three freeholders * * to make the ap¬ 

praisement.” 




148 


MISCELLANEOUS. 


TOWNSHIP STOCKHOLDER IN RAILROAD. 

. Townships may take stock in a railroad running 
through the township. R. S. sec. 4045. 

The Township Trustee has the power to vote the 
stock held by his township in all meetings of stock¬ 
holders of the companies by which such stock was 
issued. R. S. sec. 4075. 


BRIDGES. 

The Township Trustee may appropriate part of the 
road tax fund in the township treasury for the purpose 
of the erection and repair of bridges in his township, if 
he shall deem it right and expedient so to do. R. S. 
sec. 2887. 

But by R. S. 1881, sec. 5065 the Township Superin¬ 
tendent has charge of all bridges. 

HIGHWAYS-CONSTRUCTION AND REPAIR OF. 

Section 1. At the township election on the first 
Monday in April, 1882, and biennially thereafter, there 
shall he elected one Superintendent of roads in each 
township throughout the State, who shall hold his office 
for two years and until his successor is duly elected and 
qualified, whose duty it shall he to take charge of and 
superintend the construction and repairs of all roads 
within his respective township, as hereinafter specified. 

Sec. 2. He shall take charge of all roads, highways, 
and bridges in his township, and cause the same to he 
kept in as good repair as the prudent use of the means 
in his hands will permit. He shall execute all orders 
of the Board of County Commissioners of his county 
for opening, changing, locating or vacating any road or 
highway in his township. He shall have control of all 




APPENDIX. 


149 


funds of his township for road, highway or bridge pur¬ 
poses. He shall see that all the roads, highways and 
bridges are of the width required by law. He shall 
give bond in double the probable amount of funds for 
road, highway and bridge purposes which will come 
into his hands (such bond to be approved by the Board 
of County Commissioners of his county), and take an 
oath when first assuming the duties of his office. 

Sec. 3. The Township Trustee, with the concurrence 
of the Board of County Commissioners of his county, 
shall, in the month of June, 1881, and annually there¬ 
after, assess a poll-tax for highway purposes, to be 
known as commutation road-tax, of two dollars upon 
each able-bodied man who is a resident of his township, 
over the age of twenty-one and under the age of fifty 
years, except idiots, insane, deaf and blind persons, and 
such persons as may be unable to pay such tax on ac¬ 
count of physical infirmity and poverty, and shall also 
levy a road tax of not exceeding twenty-five cents 
upon each one hundred dollars on the property of his 
township liable to taxation for State purposes, and re¬ 
port the same to the County Auditor, who shall enter 
the same upon the proper tax duplicate in a separate 
column; and the County Treasurer shall collect the 
same as other taxes are collected. All moneys so col¬ 
lected, together with all other moneys due the township, 
or any part or district thereof, for road purposes, 
shall be paid to the Superintendent by the Treasurer 
upon warrant of the County Auditor. All poor per¬ 
sons exempt from poll-tax, as provided in this section, 
shall procure from the Superintendent a certificate of 
such exemption, and shall produce the same for the in¬ 
spection of the Assessor when called upon for list of 
poll and property for taxation. 


150 


MISCELLANEOUS. 


Sec. 4 . When an incorporated town or city is situat¬ 
ed, in whole or in part, in such township, it shall be 
exempt from all the provisions of this act. 

Sec. 5. All roads running on township or county 
lines are assigned, for construction and repair, as fol¬ 
lows: Roads running north and south, the north half 
is assigned to the township on the west side of such lines, 
and the south half is assigned to the township or town¬ 
ships on the east side of such lines; and roads running 
east and west, the west half is assigned to the township 
on the south side of such lines, and the east half is as¬ 
signed to the township or townships on the north of 
such lines; and the roads and highways, so assigned, 
shall he under the control of and kept in order by the 
Superintendent of the township to which they are as¬ 
signed. All roads running on lines dividing this State 
from other States shall be worked in conjunction with 
such other State, and shall be assigned for construction 
and repairs in the same manner as above provided in 
cases where roads run on township and county lines. 

Sec. 6 . The Township Superintendent shall, in the 
months of April, May and June of each year, first put 
all the highways of his township in good ordinary re¬ 
pair, and, then, ^ with such other means as may be in liis 
hands, proceed to do work denominated “extraordin¬ 
ary” upon some portions of the highways of his town¬ 
ship which are mostly traveled, and, by judicious ditch¬ 
ing, draining and making embankments, and grading, 
and building culverts and bridges, and such other 
reasonable means as shall seem to him prudent and 
best, to construct a road with a smooth surface, of not 
less than eighteen feet in width, and when the material 
is within his reach, may cover nine feet in width of 
such roads with gravel or any material that will make 


APPENDIX. 


151 


a hard surface, and shall expend all available means in 
his hands applicable to such purpose by the fifteenth 
day of November of each year. The Superintendent of 
roads shall cause all roads in his district to he mowed 
twice a year (to-wit, during the months of June and 
August), to the end that all noxious weeds and thistles 
shall he destroyed. 

Sec. 7. In determining upon the amount and char¬ 
acter of such extraordinary work which shall first be 
done on any highway or part thereof, the Superinten¬ 
dent shall take into consideration its importance to the 
traveling public and its convenience to gravel, stone, 
or other material to he used in its construction; and 
whenever the citizens interested in the permanent im¬ 
provement of any highway of public importance shall, 
by donation, properly ditch, drain, gravel or embank 
such highway in such manner as is contemplated in 
this act, such Superintendent shall contribute and per¬ 
form work thereon equal in value to such donation, if 
he have the means in his hands to perform such work; 
and said work shall be performed, and said highway 
constructed in the manner described in the preceeding 
section, and such values may be determined by a civil 
engineer employed by a Township Superintendent. For 
making plans, specifications and estimates for earth¬ 
work and bridges, and estimating values of labor and 
material, such Superintendent may employ a competent 
engineer, at reasonable wages. 

Sec. 8. All work denominated “ ordinary,” and also 
all ditches, drains, grades and embankments of ex¬ 
traordinary character shall be done in the months of 
April, May, June and July; and all other work shall be 
done between the first of April and the fifteenth of 
November of each year, except the building of bridges, 


152 


MISCELLANEOUS. 


which may he done at any season of the year; provided 
that the Superintendent may, at any time, execute all 
orders of the Board of County Commissioners in refer¬ 
ence to roads. 

Sec. 9. The Township Superintendent shall, each 
year, appoint one Road Master in his township, and may 
appoint as many others as he may deem necessary for 
the judicious performance of the work and expenditure 
of the road funds within the time provided by law; and 
such Road Master shall take an oath for the faithful per¬ 
formance of his duties, and give bond with security, to 
be approved by such Superintendent, conditioned for 
the faithful discharge of his duties, in a sum not less 
than two hundred dollars ; which bond shall be deposit¬ 
ed with the Township Superintendent. 

Sec. 10. It shall he the duty of such Road Master, 
under the direction of the Superintendent, to employ 
laborers, mechanics, and teams at specified wages, such 
as is usual in the township for such class of work. 
Such employes shall work ten hours each day; and 
such Road Master shall be responsible for the perform¬ 
ance of the work in the manner directed by the Super¬ 
intendent or by the engineer employed by such Superin¬ 
tendent. For any damage sustained by the township 
on account of any failure by the Road Master to perform 
the work in the manner directed by such Superintendent 
or engineer, such Road Master shall be liable in an action 
on his bond in the name of the township, to be brought 
before any Justice of the Peace of said township. 

Sec. 11. Such Road Master shall keep the time of the 
hands employed by him, and, for cause, dismiss any 
hand. For payment of his hands he shall give an or¬ 
der on the Township Superintendent; which order, with 
the endorsement of the payee thereon, shall be a suffi- 


APPENDIX. 


153 


cient voucher for said Superintendent in his annual set¬ 
tlement with the Board of County Commissioners. 

Sec. 12. Such Road Master shall be held to be the 
agent of the Township Superintendent, and may at any 
time he discharged by him for good cause. For each 
day actually employed in work on any highway, he 
shall receive, from the Superintendent, for his services, 
any sum agreed upon, not to exceed one dollar and a 
half per day; and his time-book for each month shall 
average ten hours each day, counting hands which are 
used for each team employed by him. 

Sec. 13. Such Township Superintendent shall, upon 
the taking effect of this act, become the custodian of all 
the tools, materials, and other property pertaining to 
roads which have been held by the different road dis¬ 
tricts of his towhship as heretofore organized, and shall, 
as far as practicable, collect the same together, and pro¬ 
vide a suitable place for their safe-keeping. Such Sup¬ 
erintendent may purchase such other tools or materials 
as may be necessary for the use of roads and highways. 
For all articles purchased for such use, he shall take a 
receipt from the vendor of the same; which tools and 
materials shall be the property of such township. 

Sec. 14. The Township Superintendent shall, at the 
expiration of his term of office, make out a schedule of 
all property belonging to his township appertaining to 
roads, and turn the property over to his successor in 
office; which schedule shall be copied upon the town¬ 
ship records. He shall also deliver to his successor all 
moneys on hand for road purposes, taking his receipt 
as a voucher for the same. 

Sec. 15. The Township Superintendent shall, also, at 
the next meeting of the Board of County Commission¬ 
ers after the expiration of his term of office, make a 


154 


MISCELLANEOUS. 


complete settlement, to the satisfaction of such Board, 
by a balance-sheet, showing all the money received for 
road purposes as Superintendendent of roads and high¬ 
ways, and also for all money paid out, producing re¬ 
ceipts and vouchers for each item of expenditure; which 
balance-sheet and vouchers, when passed upon, shall he 
tiled in the office of the County Auditor as one paper 
only; and the Board of Commissioners shall make an 
allowance to such Superintendent of two dollars for each 
day he was employed as such Superintendent of high¬ 
ways, as shown by his sworn account for the same. 
For a failure to make a satisfactory settlement within 
the time prescribed, he shall be liable on his official 
bond. Such Superintendent shall, during his term of 
office, make such entries and records upon his books, 
with reference to roads and highways, as is now pre¬ 
scribed by law for Township Trustees. 

Sec. 16. The Township Superintendent may, in his- 
discretion, let out any portion of the work to be done, 
where the probable cost of the same shall exceed twen¬ 
ty-five dollars. For this purpose, he shall cause plans 
and specifications to be made out, and kept for public 
inspection; and shall cause notices of the letting of such 
work to be posted up in five of the most public places 
in his township, giving time and place of letting such 
contracts, together with a brief description of the pro¬ 
posed work, and inviting contractors to submit sealed 
bids for doing the same. The Superintendent shall make 
and adopt such rules and regulations respecting the 
manner and time of doing the work, and the payment 
therefor, as he may deem proper: Provided , The Super¬ 
intendent may reject any and all bids for such work, 
when he shall deem the public interest requires it; And 
Provided, further, That such Superintendent shall not re- 


APPENDIX. 


155 ' 


ceive or entertain any bid not accompanied with the 
bond of the bidder, with sufficient freehold sureties, 
payable to the State of Indiana, in a penalty of double 
the gross amount of bis bid, conditioned for the bidder’s 
faithful compliance with the requirements of the plan 
and specifications and the provisions of this act. 

Sec. 17. The successful bidder or bidders shall exe¬ 
cute bond or bonds, payable to the State of Indiana, 
in a penalty of double the amount of the bidder’s 
bid or bids, with sufficient freehold sureties to be ap¬ 
proved by the Superintendent, conditioned that be will 
faithfully and honestly do the work embraced in his 
bid, and in accordance with the provisions of this act. 

Sec. 18. If any successful bidder shall fail or refuse 
to execute bond as required in the last section, the Town¬ 
ship Superintendent shall forthwith cause suit to be 
brought on the bond accompanying his proposal, in the 
Circuit Court of the proper county; and the measure of 
the recovery shall be the amount of damage sustained 
by the township on account of said failure or refusal, 
and the judgment shall carry with it the plaintiffs costs, 
regardless of the amount recovered, and the same shall 
be collected without relief from valuation or appraise¬ 
ment laws, and be paid to the Township Superintendent 
to the credit of the highway fund. The Township Sup¬ 
erintendent may also proceed to publicly let the work 
to the next lowest bidder, requiring bond as aforesaid; 
or he may advertise for another letting, according to 
the provisions of this act. 

Sec. 19. Any person who shall injure any dam, drain, 
embankment, ditch, or other construction made for the 
protection of any highway or bridge, or who shall will¬ 
fully destroy any guide post, or deface any inscription 
or device thereon; or who shall unnecessarily, and to 


156 


MISCELLANEOUS. 


the hindrance of passengers, obstruct any highway or 
bridge; or who shall, when driving any vehicle, fail to 
keep to the right when meeting another vehicle, so as 
to allow it to pass without injury, shall forfeit the sum 
of five dollars, to be recovered before any Justice of the 
Peace of the county, in the name of the Township Sup¬ 
erintendent. In the case of such obstruction, for every 
day the same is continued, such sum shall be recovered. 
And in all cases, such Superintendent, in three days 
after receiving information of any such forfeiture, shall 
commence such suit; and the sum so recovered thereon 
shall be paid to the Superintendent of the township for 
the benefit of the highways of such township. 

Sec. 20. The Road Master, or any other person by his 
order, may enter upon any land adjoining or in reach 
of any highway which is being improved, and thereupon 
construct such ditches, drains and dams, and may dig 
and remove any gravel, stone, earth, or sand, or cut and 
remove any wood or trees that may be necessary for the 
proper construction, repair, or preservation of any such 
highway. Any person aggrieved may petition the 
Township Trustee for an assessment of damages occa¬ 
sioned thereby; and in such cases, such Trustee shall 
appoint three disinterested persons in such township to 
view the locality where the grievance was committed, 
and assess such damages within twenty days after such 
appointment. They shall first take an oath before some 
officer authorized to administer oaths, to faithfully dis¬ 
charge their duties; and such viewers shall make a re¬ 
port thereof within ten days after such assessment to 
such Trustee, having first given notice thereof to the 
complainant; and such Trustee shall order the damages 
assessed to he paid out of the township treasury, unless 
such Trustee should deem such award unreasonable, in 


APPENDIX. 


157 


which case he may reduce the amount. Such complain¬ 
ant shall have the right to appeal from said award to 
the Circuit Court of the proper county, upon the same 
terms and conditions and in the same manner as appeals 
are taken from Justices of the Peace to the Circuit 
Court. 

Sec. 21. When a highway running through or bor¬ 
dering on any plantation shall become obstructed, the 
owner or occupant of such plantation shall remove such 
obstruction as soon as the same shall come to his knowl¬ 
edge, for which the Superintendent shall pay a reasona¬ 
ble compensation; unless such obstruction was caused 
by such owner or occupant, in which case he shall re¬ 
move the same without compensation. 

Sec. 22. All trees standing or lying on land over 
which any highway shall be laid out shall belong to 
the owner of such land, if he shall avail himself of the 
same before the Superintendent is required to open such 
highway; but all such trees or down timber or other 
material may be taken and used by such Superintend¬ 
ent for construction or repair of such highway. 

Sec. 23. The Township Superintendent shall erect and 
keep at the forks of highways, and at every crossing of 
roads within his township, guide-posts and boards, with 
proper inscriptions and devices, so far as in his judg¬ 
ment he may deem the same necessary. 

Sec. 24. Every Township Superintendent in the State 
is hereby empowered to administer oaths in all cases 
touching and necessary to the discharge of his official 
duties. 

Sec. 25. The office of Supervisor of highways is 
hereby abolished; and all acts oy parts of acts now in 
force in this State where reference is made to Supervis¬ 
or of roads or highways, shall hereafter be considered 


158 


MISCELLANEOUS. 


as referring to the Township Superintendent, so far as 
the same can be made applicable. 

Sec. 26. The Superintendent shall, as nearly as pos¬ 
sible, distribute the work on roads equally in all parts' 
of his township. All complaints of the citizens of 
his township, as to the failure of said Superintendent 
in the discharge of his duties, shall be made to the 
Board of County Commissioners, from whose decision 
there shall be no appeal. 

Sec. 27. At the June term, 1881, and annually there¬ 
after, the Board of County Commissioners shall levy 
the poll-tax as provided for in this act, and order the 
Auditor to enter the same on the tax-duplicate, to be 
collected as other taxes are collected: Provided , That 
nothing in this act shall take from the owner or owners 
of property the right to work out their road-tax, under 
the rules and regulations as provided in section sixteen 
of this act: Provided , That the persons owing tax 
shall apply to the Superintendent to do such work, and 
will do the same at such time and place as the Superin¬ 
tendent may direct. 

THE TOWNSHIP TRUSTEE. 

[ 1859, p. 220. In force February 15, 1859.] 

Section 1. The Board of County Commissioners in 
each county in this State may lay off and divide the 
same into any number of townships that the conveni¬ 
ence of the citizens may require, accurately defining the 
boundaries thereof, and may, from time to time, make 
such alterations in the number, names, and boundaries 
of such townships as they may deem proper. 

Sec. 2. The descriptions of the boundaries of such 
townships shall be entered at full length in the records 


APPENDIX. 


159 


of such Board, as also all alterations in such bounda¬ 
ries and all new and additional townships which may 
be formed. t 

Sec. 3. The townships now established shall remain 
as they are, subject to alterations or subdivisions as 
provided in this act. 

Sec. 4. Each and every township that now is or may 
hereafter be organized in any county in this State is 
hereby declared a body politic and corporate, by the 

name and style of “-Township of-County,” 

according to the name of the township and county in 
which the same may be organized ; and by such name 
may contract and be contracted with, sue and be sued in 
any court having competent jurisdiction. 

1. The Supreme Court does not judicially know the namef of the 
townships of a*eounty. Bragg v. Board, 34 Ind. 405. 

2. The civil township can not contract for the benefit of school prop¬ 
erty. Jackson Tp. v. Barnes, 55 Ind. 136; Wingate v. Harrison Tp., 59 
Id. 520. And any contract with the township, in the profits of which the 
Trustee is interested, is void. Wingate v. Harrison Tp. 59 Ind. 520. 

Sec. 5. The qualified voters in each township shall 
[on the first Monday in April, 1882, and every second 
year thereafter], at the usual place or places of holding 
elections in such township, elect a Township Trustee, 
who shall hold his office for [two] years, and until his 
successor is elected and qualified. Before entering upon 
the duties of his office, said trustee shall take an oath 
or affirmation before some person authorized to admin¬ 
ister the same, for the faithful performance of such du¬ 
ties, and execute a bond, conditioned as in ordinary 
official bonds, with at least two freehold sureties, in a 
penalty of not less than double the amount of money 
which may come into his hands at any time during his 
term, by virtue of his office, to the acceptance of the 




160 


MISCELLANEOUS. 


County Auditor ; which bond shall remain on file in the 
office of the auditor. 

1. See Roberts v. Masters, 40 Ind. 461; State v. Clifford, 46 Id. 307. 

2. In a suit on the bond for default relative to schools or school reve¬ 
nues, ten per cent, damages are assessed upon the amount of the verdict. 
Goldbury v. State, 69 Ind. 430. 

3. The application of one fund to payment of a claim against another 
is a breach of the bond. Robinson v. State, 60 Ind. 26. 

4. He and his sureties are liable for the loss of money of the town¬ 
ship, school or civil, no matter how, even if deposited in bank under ad¬ 
vice of superior officers (Ingles v. State, 61 Ind. 212), or if stolen ( Mor- 
beck v. State, 28 Ind. 86.) 

5. If elected his own successor, and he continue to act without giving 
a new bond, the old one is binding for his acts. Butler v. State, 20 Ind. 
169 ; State v. Berg, 50 Id. 496. 

6. When a successor is elected and qualified, but does not take pos¬ 
session of the office, and the old trustee continues to act, his acts are 
void ; he is not an officer de facto, and his sureties are not bound. So held 
in Steinback v. State, 38 Ind. 483; Everroad v. Flatrock Tp., 49 Id. 451. 
And in the first case, it was further held, that even if an officer de facto, 
his sureties were not bound. See, also, Rany v. Governor, 4 Blackf. 2. 
But see Case v. State, 69 Ind. 46. 

7. A legal voter, though not a citizen of the United States, is eligible 
to the office. McCarthy v. Froelke, 63 Ind. 507. 

[1877 S., p. 79. In force July 2, 1877.] 

Section 1. Any person who has held the office of 
Trustee of any township in this State for two terms, 
consecutively, at the date of the next general election 
in October, 1878, shall not be eligible to said office for 
the next ensuing term; and, hereafter, no person shall 
he eligible to the office of Township Trustee more than 
four years in any period of six years. 

[ 1859, p. 220. In force February 15, 1859.] 

Sec. 6. The duties of Township Trustee shall be — 

First. To keep a true record of his official proceed¬ 
ings in a book to be provided for that purpose. 


APPENDIX. 


161 


Second. To receive all moneys belonging to the town¬ 
ship, and pay the same out according to law, as right 
and justice shall require. 

Third. To fill all vacancies that occur in the office of 
Superintendent of Roads in his township. 

Fourth. To see to a proper application of all moneys 
belonging to the township for road, school, or other pur¬ 
poses, and perform all the duties heretofore required of 
the Township Trustee, Clerk, and Treasurer under the 
School Acts. 

Fifth. To have the care and management of all prop¬ 
erty, real and personal, belonging to the township, and 
to superintend all the interests thereof. 

Sixth. To have power to administer oaths where 
necessary, in the discharge of the duties of his office. 

1. It has been held that the action of the Trustee can only be shown 
by his record. Board v. Chitwood, 8 Ind. 504. But perhaps this may 
not apply to contracts. McCabe v. Board, 46 Ind. 380; Board v. Ross, 
Id. 404; Halstead v. Board, 56 Id. 363; Hight v. Board, 68 Id. 575. 

2. He has various other duties to perform concerning schools, the 
poor, and as fence-viewer, which are defined in the laws upon those sub¬ 
jects. 

Sec. 7. The Township Trustee shall be inspector of 
-elections, overseer of the poor, and fence-viewer. 

[ 1873, p. 217. In force March 4, 1873.] 

Sec. 8. The Trustee shall superintend all the pecun¬ 
iary concerns of the township, and shall, at the June 
session of the County Board, annually, with the advice 
and concurrence of the Board of County Commissioners, 
levy a tax on the property of such township, for town¬ 
ship, road and other purposes, and report the same to 
the County Auditor, who shall enter the same on the 
proper tax duplicate, in a separate column or columns; 
and the Treasurer shall collect the same as other taxes 


162 


MISCELLANEOUS. 


are collected. But in case of failure of such Trustee 
and Commissioners to concur, then the Board of County 
Commissioners shall determine upon and levy such 
township, road, and other taxes. 

1. The tax for township purposes is leviable upon property in incor¬ 
porated towns within the township, in common with other parts of the 
township. Tilford v. Douglas, 41 Ind. 580. 

[ 1859, p. 220. In force February 15, 1S59.] 

Sec. 9. All vacancies in the office of Township Trus¬ 
tee shall be filled by the Board doing county business- 
in term time, or by the Auditor in vacation ; and every 
Trustee so appointed shall continue in office until his 
successor is elected and qualified. 

Sec. 10. The Trustee shall examine and settle all ac¬ 
counts and demands chargeable against his township. 
He shall keep an accurate account-current with his- 
township, which shall be so arranged and kept as to show 
the amount received and paid out on account of sepa¬ 
rate and distinct funds, and to whom paid, as well as 
the whole receipts and expenditures, by one general 
account; and he shall file all accounts as vouchers,, 
and report the same to the County Board in his annual 
settlement therewith ; which report shall be verified by 
his affidavit. 

Sec. 11 . The Township Trustee shall, annually, on 
the last Saturday in February, settle with and audit the 
accounts of the superintendent of roads in his township,, 
and shall, within five days thereafter, make to the Board 
of County Commissioners a complete report of the re¬ 
ceipts and expenditures of his township during the 
preceding year; which report shall clearly exhibit the 
amount received and expended on account of township,, 
road, school, and other purposes, as well as the proper 


APPENDIX. 


163 


balance remaining on hand; and he shall, within ten 
days thereafter, record at length a copy of such report 
in the township record, and publish the same, by post¬ 
ing up a certified copy thereof at the place or places of 
holding elections. 

Sec. 12. Such Trustee shall, at the expiration of his 
term, deliver to his successor all moneys, books, and 
papers belonging to his township. 

Sec. 13. The County Treasurer, immediately after 
his annual settlement with the County Auditor, shall, 
on the warrant of such Auditor, pay over to the proper 
Township Trustee all the moneys in his hands belong¬ 
ing to each township; which warrant of such Auditor 
shall he receipted for by the Trustee receiving it. 

[ 1865, S., p. 186. In force December 19, 1865.] 

Sec. 14. The Trustee, at the time of settling with 
the Board of County Commissioners, as provided in 
section 11, shall file with said Board an itemized state¬ 
ment, verified under oath, of his charges and services 
as Trustee. 

[1859, p. 220. In force February 15, 1859.] 

Sec. 15. The records and other books of the Town¬ 
ship Trustee shall always be open for public inspection. 

Sec. 17. In all prosecutions against a township, pro¬ 
cess shall be served by delivering a certified copy thereof 
to the Township Trustee at least ten days before the re¬ 
turn-day of such process, and the Trustee may appoint 
an attorney to defend any suit or proceeding in which 
the township may be interested. 

Sec. 18. Should any person, elected or appointed to 
the office of Trustee, under this act, after having ac¬ 
cepted such office, fail to perform any duty required of 


164 


MISCELLANEOUS. 


him by any provision of this act, such person so tailing" 
shall forfeit and pay to such township any sum not ex¬ 
ceeding one hundred dollars, to be recovered in a civil 
action, in the name of the township, before any court 
having competent jurisdiction. 

Sec. 19. The Township Trustee shall, in no case, 
have any power to change, vacate, or open any high¬ 
way in any township in any county, but such power 
shall be vested in the County Commissioners of the 
county, under the same regulations as to the petition, 
notice, appointment of viewers, and assessment of dam¬ 
ages as is now provided by law in cases affecting more 
than one township. 

[ 1875, p. 162. In force August 24, 1875.] 

Section 1 . Whenever it becomes necessary for the 
Trustee of any township in this State to incur, on be¬ 
half of his township, any debt or debts whose aggregate 
amount shall be in excess of the fund on hand to which 
such debt or debts are chargeable, and of the fund to 
be derived from the tax assessed against his township 
for the year in which such debt is to be incurred, such 
Trustee shall first procure an order from the Board of 
County Commissioners of the county in which such 
township is situated, authorizing him to contract such 
indebtedness. 

Sec. 2. Before the Board of Commissioners shall 
grant such order, the Township Trustee shall file, in the 
Auditor’s office of his county, a petition, setting forth 
therein the object for which such debt or debts are to be 
incurred and the approximate amount required, and 
shall make affidavit that he has caused notice to be given 
of the pendency of such petition, by posting notices, in 
not less than five public places in his township, at least 


APPENDIX. 


165 


twenty days prior to the first day of the session of said 
Board. 

Sec. 3. Such Township Trustee shall designate cer¬ 
tain days in each week or month, as may be required, 
in which he will attend to the business of his township, 
and cause notice thereof to be given to the inhabitants 
of such township; and all contracts, and auditing, and 
payment of claims shall he made only on such designa¬ 
ted days. 

[ 1879, p. 130. In force May 31, 1879.] 

Sec. 32. The per diem of Township Trustees shall be 
as follows: For each actual day’s service they shall be 
allowed, to be paid out of the township fund, two dol¬ 
lars : Provided ,, That for all services as overseer of the 
poor, said Township Trustees shall be paid out of any 
funds in the county treasury not otherwise appropriated, 
on the order of the Board of County Commissioners. 

POOR. 

[1 K. vS. 1852, p. 401. In force May 6, 1853. 

Section 1 . The Township Trustees of the several 
civil townships of this State shall be the “overseers of 
the poor” within their respective townships, and shall 
perform all the duties with reference to the poor of 
their respective townships that may he prescribed by 
law. 

1. A Circuit Court may appoint more than one attorney to defend a 
pauper criminal, and make allowances therefor. Gordon v. Board, 52 
Ind. 322. 

2. The Court has the right to appoint an attorney for a pauper 
criminal, and the power to make him an allowance which is a valid 
claim against the county. Board v. Wood, 35 Ind. 70; Gordon v. Board, 
44 Id. 475. 

3. It seems, however, that such allowance, as to amount, may be con¬ 
tested by the Board of Commissioners. Webb v. Baird, 6 Ind. 13. 


166 


MISCELLANEOUS. 


4. Where no physician has been appointed for the county poor, or 
where one employed fails to attend, the Township Trustee may employ 
one for that purpose, and the county will be liable for his services. 
Conner v. Board, 57 Ind. 15. 

5. The County Board has the power to appoint and employ a physi¬ 
cian for the county poor; and, under this power, if a sufficient provision 
has been made for that purpose, a Township Trustee has no power to 
employ one for the township poor. Board v. Boynton, 30 Ind. 359. 

6. A county system, and not a township system, as a mode of relief 
to paupers, is what is intended by our poor-laws. Board v. Wright, 22 
Ind. 187. 

7. Where a county has already purchased a poor-farm, the power is 
exhausted and can not be again exercised. Hanna v. Board, 29 Ind. 170. 

8. When medical services are rendered to the poor of a township, 
under an employment by the Township Trustee, such employment is 
conclusive upon the county. Board v. Holman, 34 Ind. 256. 

Sec. 2. Every Township Trustee shall, in discharg¬ 
ing the duties prescribed in this act, be designated an 
“ overseer of the poor.” 

Sec. 3. In all suits and proceedings in favor of or 
against any such Trustee connected with or pertaining 
to the poor of his township, the same shall be conducted 
in favor of or against such township in its corporate 
name. 

Sec. 4. Every county shall relieve and support all 
poor and indigent persons lawfully settled therein, when¬ 
ever they shall stand in need thereof; and the Board of 
County Commissioners may raise money for the support 
and employment of the poor, in the same way and 
manner as in section 6099, R. S. 1881, is provided. 

1. A claim for medical services rendered to the out-door poor may 
be sued originally, without being presented to the County Board for 
payment. Board v. Ford, 27 Ind. 17. 

2. Persons having a legal settlement in the county, or having no 
determinate place of settlement, and persons entitled to temporary relief, 
may all be sent to the county asylum. Reiniche v. Board, 20 Ind. 243. 

3. The county can not recover from the husband of an insane wife 
for her support and maintenance at the county asylum. Board v. Hilde¬ 
brand, 1 Ind. 555; Board v. Schmoke, 51 Id. 416. 


APPENDIX. 


167 


Sec. 5. Legal settlement may be acquired in any 
county, so as to oblige such county to relieve and sup¬ 
port the persons acquiring such settlement, in case they 
are poor and stand in need of relief, as follows: 

First. A married woman shall always follow and 
have the settlement of her husband, if he have any 
within the State; otherwise, her own at the time of 
marriage; and if she then had any settlement, it shall 
not be lost or suspended by the marriage. In case the 
wife shall be removed to the place of her settlement, 
and the husband shall want relief he shall receive it in 
the place where his wife shall have the settlement. 

Second. Legitimate children shall follow and have 
the settlement of their father, if he have any within 
the State, until they shall gain a settlement of their 
own; but if the father have no settlement, they shall, 
in like manner, follow and have the settlement of their 
mother, if she have any. 

Third. Illegitimate children shall follow and have 
the settlement of their mother at the time of their 
birth, if she then have any within the State, but neither 
legitimate nor illegitimate children shall gain a settle¬ 
ment by birth in the place where they were born, unless 
their parent or parents had a settlement therein at the 
time. 

Fourth. Every male person, and every unmarried 
female over the age of twenty-one years, who shall 
have resided in any county in this State one whole year 
without interruption, shall thereby gain a settlement in 
such county. 

Fifth. Every minor whose parent, and every married 
woman whose husband, has no settlement in this State, 
who shall have resided one whole year, without inter¬ 
ruption, in any county in this State, shall thereby gain 
a settlement in such county. 


168 


MISCELLANEOUS. 


Sixth. Every minor who shall be hound as an ap¬ 
prentice to any person shall, immediately upon such 
binding, if done in good faith, thereby gain a settle¬ 
ment where his or her master or mistress has a settle¬ 
ment. 

Seventh. Every settlement, when once legally ac¬ 
quired, shall continue until it shall he lost or defeated 
by acquiring a new one in this State, or by willful and 
uninterrupted absence from the county in which such 
legal settlement had been gained, for one whole year or 
upwards; and upon acquiring a new settlement, or 
upon the happening of such willful and uninterrupted 
absence, all former settlements shall be defeated and 
lost. 

And the provisions of this section shall apply to 
cases of settlements begun to be acquired, or lost or 
defeated, as well before as after the provisions of this 
act shall go into effect. 

Sec. 6. The overseer of the poor in each township 
shall have the oversight and care of all poor persons in 
his township so long as they remain a county charge, 
and shall see that they are properly relieved and taken 
care of in the manner required by law. 

Sec. 7. It shall be the duty of the overseers of the 
poor, in such county as have no common poor-house 
established by law, two weeks next preceding the first 
Monday of May, in each year, to give public notice, by 
having published in a newspaper in such county, or by 
posting upon the court-house door and in other public 
places in such county, an advertisement certifying the 
poor that are to be provided for, and asking for sealed 
proposals for their maintenance during said year, which 
sealed proposals shall be opened and acted on by said 
overseers on said day; but nothing herein contained 


APPENDIX. 


169 


shall prohibit any overseer of the poor from receiving 
and accepting propositions, at any time, for the keeping 
of such poor persons as may in the interim become a 
county charge, or of rejecting the propositions of such 
persons as they know to be unable to fulfill their obli¬ 
gations to said poor. 

Sec. 8. The Board of County Commissioners may, 
in their discretion, allow and pay to poor persons who 
may become chargeable as paupers, and who are of 
mature years and sound mind, and who, from their 
general character, will probably be benefited thereby, 
and also to the parents of idiots, and of children other¬ 
wise helpless, requiring the attention of parents who 
are unable to provide for said children themselves, 
such annual allowance as will not exceed the charge of 
their maintenance in the ordinary mode, the said Board 
taking the usual amount of charges in like cases as the 
rule for making such allowance. 

Sec. 9. It shall be the duty of said overseers of the 
poor, on any complaint made to them in behalf of the 
poor, to examine into the ground of such complaint; 
and if, in their judgment, the poor have not been suffi¬ 
ciently provided with the common necessaries of life, 
or have, in any respect, been ill-treated by the person 
or persons under whose charge they shall have been 
placed, to withhold any part of the compensation 
allowed to such persons keeping them, as such over¬ 
seers may deem reasonable and proper, and remove 
said poor and place them in care of some other per¬ 
son. 

Sec. 10. The said overseers of the poor shall enter 
in the poor-books of their respective townships all poor 
persons in their townships who are unable to take care 
of themselves, and who will, in their judgment, be 


170 


MISCELLANEOUS. 


entitled to the benefit of the provisions of this act, to¬ 
gether with the dates of such entries. 

Sec. 11. If any poor person shall suppose that he or 
she is entitled to the benefit of the laws for the relief 
of the poor, and the overseer of the poor of the town¬ 
ship in which he or she resides, shall refuse to give such 
person the benefit thereof, upon application of such 
person the Board of County Commissioners may, if it 
shall think proper, direct the said overseer to receive 
him or her upon the poor list, on his or her application 
therefor. 

Sec. 12. If any one within the description of “poor 
persons” specified in this act shall he found in any 
county or township, and the overseer of the poor of 
such township shall be unable to ascertain and establish 
the last place of legal settlement of such person, he 
shall proceed to provide for such poor person in the 
same manner as other persons are hereby directed to be 
provided for. 

Sec. 13. Whenever any person entitled to temporary 
relief as a pauper shall be in any township in which he 
has not a legal settlement, the overseer of the poor 
thereof may, if the same be deemed advisable, grant 
such relief, by placing him or her temporarily in the 
poor-house of such county, if there he any, to be em¬ 
ployed therein so far as he or she is capable of any 
employment. 

Sec. 14. Upon complaint of any overseer of the 
poor, any Justice of the Peace may, by his warrant, 
directed to and to be executed by any Constable or by 
any other person therein designated, cause any poor 
person found in the township of such overseer likely to 
become a public charge, and having no legal settlement 
therein, to be sent and conveyed, at the expense of the 


APPENDIX. 


171 


county, to the place where such person belongs, if the 
same can he conveniently done; hut if he or she can 
not he so removed, such person shall he relieved by said 
overseer whenever such relief is needed. 

Sec. 15. If the overseer of the poor of any town¬ 
ship in any county in this State to which any pauper 
shall have been removed as above provided, shall feel 
himself aggrieved by such order of removal, he may, 
at any time within twenty days after such removal 
shall he known to him, appeal from the decision of the 
Justice ordering such removal, to the Circuit Court of 
the county from whence the removal was ordered to he 
made—such appeal to he taken, tried, and determined, 
and costs adjudged, as in other cases of appeals from 
the judgment of a Justice of the Peace, and the order 
of removal may be vacated or affirmed according to 
law and the right of the case. 

Sec. 16. Such appeal shall he heard at the term of 
the Court next after the same is tiled therein, if in the 
opinion of the Court, reasonable notice of the appeal 
has been given to the opposite party; but if not thus 
given, the cause shall stand continued until the next 
term of the Court, and notice of the appeal be then 
given, if not before done. 

Sec. 17. If the order of removal be defective, the 
Court shall permit the same to be amended without 
costs; and, after such amendment is made, the appeal 
shall be heard and determined as if such order had not 
been defective. 

Sec. 18. If any person be removed, by virtue of the 
provisions of this act, from any county, township, or 
place to any other place within this State, by warrant 
or order, under the hand and seal of any Justice of the 
Peace, as hereinbefore provided, the overseer of the 


172 


MISCELLANEOUS. 


poor of the township or place to which said person 
shall be removed is required to receive such person, if 
he have a legal settlement in his county. 

Sec. 19. The overseer of the poor shall make a 
return to the County Auditor of the sums of money 
required for the poor of his township, within fifteen 
days after every such contract hereinbefore provided 
for shall have been made; which sums shall be paid 
quarterly out of the county treasury, upon the order of 
the Board of County Commissioners, in the same 
manner as other claims of the county are paid. 

Sec. 20. The overseer of the poor in each township 
in the State shall be entitled to receive one dollar per 
day for each and every day during which he shall be 
necessarily employed in the discharge of such duties, 
to he allowed by the Board of County Commissioners, 
on being satisfied of such service having been per¬ 
formed. 

Sec. 21. If any overseer shall remove out of his 
proper township, he shall, previous to his removal, 
deliver over all books, papers, and other things con¬ 
cerning his office, and upon the death of any overseer, 
his executors or administrators shall, within forty days 
after his decease, deliver over all things belonging to 
his office to some other overseer’. 

Sec. 22. The overseers of the poor of the several 
townships shall, annually, at the June session of the 
Boards of County Commissioners of their respective 
counties, present their accounts, and make reports to 
said Boards, generally, of their proceedings for the past 
year; and when said Boards shall audit or allow any 
claim or account presented by such overseers of the 
poor, they shall draw on the County Treasurers there¬ 
for, whose duty it shall be to pay the same out of any 


APPENDIX. 173 

money in the county treasuries not otherwise appropri¬ 
ated. 

Sec. 23. The Boards of County Commissioners of 
the several counties are hereby directed to settle with 
the overseers of the poor in the several townships of 
their respective counties, at least once in every year, 
and oftener if they shall deem the same necessary, and 
also to make to such overseers reasonable compensation 
for their services. 

Sec. 24. It shall be the duty of the overseer of the 
poor, on complaint made to him that any person not an 
inhabitant of his township is lying sick therein or in 
distress, and without friends or money, so that he or 
she is likely to suffer, to examine into the case of such 
person, and grant such temporary relief as the nature 
of the same may require; and if any person shall die 
within any township, who shall not leave money or 
other means necessary to defray his or her funeral ex¬ 
penses, it shall be the duty of the overseer of the poor 
of such township to employ some person to provide for 
and superintend the burial of such deceased person, 
the necessary and reasonable expenses whereof shall be 
paid by and upon the order of such overseer. The 
Board of County Commissioners of the proper county, 
at any meeting of such Board, shall examine all claims 
arising under the provisions of this section, and, if 
found reasonable, shall direct the same to be audited 
and paid out of the county treasury. 

Sec. 25. It shall be lawful for the Board of County 
Commissioners of any county of this State, whenever 
it may deem it advisable, to purchase a tract of land in 
the name of such county, and thereon to build, estab¬ 
lish, and organize an asylum for the poor, and to 
employ some humane and responsible person, resident 


174 


MISCELLANEOUS. 


in such county, to take charge of the same, upon such 
terms and under such restrictions as the Board shall 
consider most advantageous for the interests of the 
county, who shall be called the “ superintendent of the 
county asylum/’ Where two or more counties shall 
have the power to continue such joint ownership during 
their pleasure; and it shall be lawful for the County 
Commissioners of two or more counties to jointly pur¬ 
chase land, erect an asylum, or do other things proper 
and necessary for the relief and comfort of the poor 
within the counties forming such joint ownership, as is 
by this act provided. 

Sec. 26. It shall he the duty of such superintendent 
to receive into his care and custody all persons who 
may become a county charge as paupers, to take such 
measures for the employment and support of such 
paupers, and to perform such other duties as the Board 
of County Commissioners shall, from time to time, 
establish, order, and direct, consistent with the laws of 
this State. 

Sec. 28. It shall he the duty of the overseers of the 
poor of the different townships, and also of the super¬ 
intendents of the county asylums, to hind out such 
poor children as fall under their care and charge from 
time to time; and it shall also be the duty of said 
overseers to see that children, so hound, he properly 
treated by the persons to whom they are bound, and to 
take legal means for redress in case of maltreatment. 

DOGS AND DOG TAX. 

[ 1881 S., p. 395. In force September 19, 1881.] 

Section 1. Any person who shall own or harbor an 
animal of the dog kind shall, on or before the first day 
of April, 1882, and each year thereafter on or before 


APPENDIX. 


175 


the first day of April, report the number of dogs owned 
or harbored by such person, which exceed the age of 
six months, to the Township Trustees of their respective 
townships, who shall register and number the same to 
the proper owner, with a brief description of each dog 
by sex, color, and breed, and also furnish the owner 
with a metallic tag, with number and year to corres¬ 
pond with the register, which said owner shall attach 
to the neck by a collar, for which the owner shall pay 
the sum of one dollar for a male, and the sum of two 
dollars for a female dog, owned, kept, or harbored by 
him or them, and for each dog more than one, the sum 
of two dollars each, which shall be known as a dog 
fund. 

The act of March 2, 1865, “ to discourage the keeping of useless and 
sheep-killing dogs, etc.,” was held to be a constitutional exercise of po¬ 
lice power. The same principle would doubtless sustain this act. Mitch¬ 
ell v. Williams, 27 Ind. 62 ; State v. Cornnall, Id. 120; Haller v. Sheridan, 
Id. 494. 

Sec. 2. It shall be deemed unlawful for any dog to 
run at large without collar and tag as provided in this 
act; and it shall be deemed lawful for any person to 
kill the same: Provided , also , That no tag shall be used 
or worn by any dog other than the identical one issued 
by the Trustee ; and any attempt to evade this provision 
shall be held to be a misdemeanor, and be punishable by a 
fine of not more than twenty-five dollars : Provided , also , 
That, in case of the loss of any tag, the Trustee shall 
issue a duplicate thereof for the sum of ten cents, upon 
application therefor and satisfactory proof furnished 
that said tag has been lost. 

Sec. 3. The Constables of the several townships and 
towns of the several counties of the State of Indiana 
shall proceed to kill all dogs, on and after the first day 


176 


MISCELLANEOUS. 


of April, 1882, which shall be found at any time there¬ 
after without collar and tag as herein provided. And 
the Trustee, on information, given by any citizen, of 
any dog not so registered and tagged, shall issue a writ¬ 
ten notice to any Constable in his township to kill said 
dog ; and it shall be unlawful for the Trustee to divulge 
or make known the name of any citizen giving such 
information ; and he shall be liable to a fine for each such 
offense in any sum not exceeding twenty-five dollars. 
Any person who shall maliciously injure or kill, or any 
person who shall steal, take, and carry away any dog 
which has been duly registered and is wearing a metallic 
tag according to the provisions of this act, shall be 
deemed guilty of a misdemeanor, and, upon conviction, 
he fined in any sum not exceeding two hundred dollars, 
to which may be added imprisonment in the county jail 
for any term not exceeding thirty days: Provided , 
That in all cases where such dogs are injured or killed 
while off* the premises of their owner and engaged in 
committing damage to the property of any other per¬ 
son than that of the owner of such dog, the above pro¬ 
visions and penalties shall not apply. 

Sec. 4. Any Constable who shall fail to use diligence 
to kill any dog after such notice shall be fined in any 
sum not exceeding twenty-five dollars for each offense. 
Such Constable shall be paid fifty cents each for all 
dogs killed under this act, to be paid out of the dog 
fund. 

Sec. 5. All money derived from the registration of 
dogs and fines under this act shall constitute a fund, 
known as a dog fund, for the payment of damages sus¬ 
tained by the owners of sheep maimed or killed by dogs 
within such township; and each Township Trustee is 
directed and required to collect the fines annually from 





APPENDIX. 


177 


the several Justices of the Peace of his township, and 
to hold the same, for such purposes, except so much as 
may he necessary to carry out the provisions of this 
act, as follows: Twenty-five cents to the Trustee for 
each registry, fifty cents to the Constable for each dog 
killed : Provided , That the owner of sheep killed or 
maimed by dogs shall report such loss to the Trustee 
within ten days from the time thereof. The Trustee 
shall register such losses in the order that they are re¬ 
ported ; which order shall be observed in the payment 
of losses when adjusted. Provided , That no person 
shall receive pay for sheep killed or maimed by a dog 
owned or harbored by himself. And Provided, farther, 
That the fund provided for in section four of an act of 
the General Assembly of this State, upon this same 
subject, approved March 2, 1865, on hands with the 
several Township Trustees in this State, shall, when 
this act shall become operative, be added to the fund 
created or to be created under the provisions of this 
act; and the claimants under the provisions of said 
act of 1865 shall be entitled to payment, where the 
same has not already been made, out of such con¬ 
solidated fund, in the order of their priority; and 
when it shall so happen on the first Monday of Oc¬ 
tober of each year, in any township, that said fund shall 
accumulate to an amount exceeding fifty dollars over 
and above orders drawn against the same, the surplus 
above the said fifty dollars shall be paid and transferred 
to the school revenue of the township, and expended as 
a part thereof for tuition. 

1. This fund, so far as it goe* to the support of the schools, must be 
apportioned amongst the schools of the township; and its application to 
a single school, or its use in advance of the apportionment of other 
funds for tuition, may be stopped by injunction. Maloy v. Madget, 4T 
Ind. 241. 


178 


MISCELLANEOUS. 


2. Mandate will not lie to compel the Trustee to pay for sheep killed; 
the remedy is by suit against the township. Shelby Township v. Randles, 
57 Ind. 390. 

3. The fund is first applicable to the payment for sheep killed, with¬ 
out reference to the year in which the fund was collected. Id. 


ELECTIONS—INSPECTOR OF. 

[1881 S., p. 482. In force September 19, 1881.1 

Section 57. An election shall be held in each town¬ 
ship of each county in this State, on the first Monday 
of April, 1882, and every second year thereafter, for the 
purpose of electing Justices of the Peace, Township 
Trustees, Assessors, Constables, and such other officers 
for such township, as may he provided for by law ; which 
elections shall be conducted by the officers of and gov¬ 
erned by the provisions of the law with respect to gen¬ 
eral elections so far as applicable. 

Sec. 58. The board of judges shall count the votes 
given for each person for each office, and certify the re¬ 
sult, and the inspector shall file one of the poll-books 
and tally-sheets, with ballots on a string, in the Clerk’s 
office of the county, within ten days after such election. 
If two or more have the highest and an equal number of 
votes for the same office, such judges shall, when the 
result is certified, determine by lot the person entitled 
to the office; and the next day, the inspectors shall 
make out and deliver to the person elected; when de¬ 
manded, a certificate for each person elected to any 
office in said township, except Justices of the Peace: 
Provided , That, if there be more than one precinct in 
said township, then the inspectors of the several pre¬ 
cincts shall meet, on the day following the election, at 
the office of the Township Trustee, at as near ten o’clock 
a. m. as is practicable, and compare the poll-books and 


APPENDIX. 


179 


certificates thereto held by them, and having aggregated 
the vote of the township, declare and certify the result; 
and if two or more persons have the highest and an 
equal number of votes for the same office, they shall de¬ 
termine, by lot, which shall be declared elected, and 
give a certificate accordingly. 

Sec. 59. Such certificate shall entitle the holder to 
qualify and enter upon the discharge of the duties of 
the office to which he is elected, at the expiration'of 
ten days from the day of such election, except that the 
certificates of election of Justices of the Peace shall be 
forwarded by the inspector aforesaid to the Clerk of the 
Circuit Court, who shall certify the result for that office 
to the Secretary of State. 

Sec. 10. Township Trustees shall, by virtue of their 
office, be inspectors of election in the precincts in which 
they respectively reside, and shall, prior to the opening 
of the polls in such precinct, appoint as judges of elec¬ 
tion two qualified voters of such precinct, who shall 
have been freeholders and resident householders therein 
for at least one year next preceding such election, and 
who are members of different political parties and of 
the parties which cast the highest number of votes in 
such precinct at the next preceding general election; 
and such judges, together with the inspector, shall con¬ 
stitute a board of election. No person shall be eligible 
as a member of the board of election who lias any thing: 
of value bet or wagered on the result of such election* 
or who is a candidate to be voted for at such election* 
or who is of kin to any candidate at such election. If* 
at any time before or during an election, it shall be 
made to appear to any inspector, by the affidavit of two 
or more qualified electors of the precinct, that either of 
the judges is disqualified under the provisions of this 


180 


MISCELLANEOUS. 


act, he shall at once remove such judge, and fill the 
place with a qualified person; and in case such dis¬ 
qualified judge shall have taken the oath of office here¬ 
inafter prescribed, the inspector shall place such oath 
;and the affidavit before the next grand jury of the 
>eounty. 

Sec. 11. Whenever any Board of Commissioners 
shall designate more than one precinct in any township, 
it shall, at the June term of said Board next preceding 
any election, appoint in each additional precinct, as in¬ 
spector of such election, some qualified voter of such 
precinct who shall have been a freeholder and a resident 
householder in such precinct for at least one year next 
preceding such election. Such Board of Commissioners 
shall fill all vacancies that may occur, at any regular or 
called session of the Board; and said inspector shall, 
previously to the time of opening the election in any 
precinct, appoint as judges of such election two quali¬ 
fied voters of such precinct who shall have been free¬ 
holders and resident householders in such precinct for 
least one year next preceding such election, such 
judges to be members of different political parties ; and, 
when so appointed, such judges, together with the in¬ 
spector, shall constitute a board of election : Provided, 
There are different political parties in such precinct; 
And Provided , farther , That such appointment shall be 
made from the political parties having, cast the highest 
number of votes in such precinct at the last preceding- 
general election. 

Sec. 12. Such board of election shall appoint as 
clerks two qualified voters of such precinct, who shall be¬ 
long to different political parties : Provided, There are 
different political parties in such precinct; And Provided, 
further, That such appointment may be made by the 



APPENDIX. 


181 


parties casting the highest number of votes at the last 
preceding general election. 

Sec. 13. The Auditor of each county in the State 
shall make out and cause to be delivered to the inspectors 
of the several election precincts in their respective coun¬ 
ties, at least ten days previous to any election, a suitable 
number of blank forms of poll-books, containing one 
column headed “ Names of voters,” and an additional 
column headed “ Number of votes;” and also forms of 
election returns, with the proper captions, forms of 
oaths, and forms of certificates, and tally-papers neces¬ 
sary to be used in all elections hereafter held in this 
State. The County Commissioners of each county shall 
allow said Auditor or other county officer a resonable 
compensation for all services by him rendered, as re¬ 
quired by this act, to paid out of the treasury of their 
respective counties. 

Sec. 14. Each inspector and judge of elections shall 
attend at the place of holding elections in his township, 
or precinct at or before eight o’clock in the morning of 
the day of election; and should such inspector not ap¬ 
pear at that hour, or if, from any cause, there should be 
a vacancy in the office of inspector, or none has been 
appointed, then the qualified voters of that township 
or precinct who may be present shall appoint, by'a ma¬ 
jority viva voce vote, as the inspector of such election, 
some qualified voter of such township or precinct who 
shall have been a freeholder and a resident householder 
in such township or precinct for at least one year next 
preceding such election. And said inspector so chosen 
shall, previously to the time of opening said election, ap¬ 
point, as judges of such election, two qualified voters of 
such township or precinct who shall have been freehold¬ 
ers and resident householders therein for at least one year 


182 


MISCELLANEOUS. 


next preceding such election. Such judges shall be 
members of different political parties whenever there 
are different political parties in such township or pre¬ 
cinct; and such appointment shall be made from the 
two political parties casting the highest number of 
votes therein at the last preceding general election. 
Such board of election so constituted, shall appoint as 
clerks two qualified voters of such township or precinct, 
who shall belong to different political parties, in the 
same way that the judges are appointed. 

Sec. 15. Before any election shall be opened, the in¬ 
spector and judges shall each make oath to support the 
Constitution of the United States and of this State; to 
faithfully and impartially discharge the duties assigned 
by law ; that they will not knowingly permit any per¬ 
son to vote who is not qualified, and not knowingly re¬ 
fuse the vote of any qualified elector, or cause any de¬ 
lay to persons offering to vote, further than is necessary 
to procure satisfactory information of the qualifications 
of such person as an elector; and that they are now 
bona fide residents and freeholders in the precinct where 
appointed, and have been such residents and freeholders 
of the township in which such precinct is situated for 
more than one full year next preceding such election; 
which oath shall be in writing or printed, and shall be 
subscribed and executed before some person authorized 
by law to administer oaths, which officer shall attach 
thereto his jurat; and such oath shall then be attached 
to the poll-book, and, with it, returned to the Clerk’s 
office of his county, as hereinafter provided. 

Sec. 16. If no person present be authorized by law 
to administer the oath of office, the inspector shall ad¬ 
minister the same to the judges, and one of such judges, 
shall then administer said oath to the inspector. 


APPENDIX. 


183 


Sec. 17. The inspector shall be chairman of said 
board, and, before the reception of any votes, shall 
administer an oath to the clerks of the election, that 
they will faithfully discharge their duties as such. After 
the organization of the board of judges, the inspector 
may administer all necessary oaths which may be re¬ 
quired in the discharge of its duties ; and all oaths shall 
be written or printed, and shall be signed by the persons 
making such oaths in the presence of such board of 
elections, and the person administering such oaths shall 
affix his jurat thereto; and said affidavits shall be at¬ 
tached to and returned, with the poll-lists to the office 
of the County Clerk. 

Sec. 18. The Board of County Commissioners of 
each county shall provide, at the expense of the county, 
a sufficient number of ballot-boxes to furnish one to 
each precinct. Each ballot-box shall have at least two 
locks, and be otherwise so constructed as to contribute 
toward the prevention of fraud. 

Sec. 19. An opening shall be made in the lid of each 
box, sufficient only for a single ballot; and, at the time 
the election is opened, the inspector and judges shall 
see that there are no ballots in the box before the vot¬ 
ing begins, and shall, thereupon securely lock the box, 
and give one key to one of the judges who is in politics 
opposed to the inspector, the inspector retaining the 
other key; and the same shall not again be opened until 
the polls are closed, and the board is ready to immedi¬ 
ately proceed with the counting. 

Sec. 20. The election shall be opened in the fore¬ 
noon, between the hours of eight and ten o’clock, and 
continue open until four o’clock of the afternoon, after 
which the board may close the election, at any time, 
when all the electors have voted, or when fifteen min- 


184 


MISCELLANEOUS. 


utes have passed without a vote having been tendered; 
but the polls shall, in no case, he kept open after six 
o’clock of the afternoon; and the polls shall not be 
closed after four o’clock and before six o’clock, except 
by the unanimous consent of all the members of the 
election hoard. But whenever the polls are closed,, 
proclamation must be made of the fact of such closing 
by the inspector, to the people outside, in a loud and 
audible tone of voice, and a minute of such proclama¬ 
tion, and of the time when the same was made, must be 
entered on the tally-papers by the clerks; and after 
such minute has been entered no more, votes shall be 
received. 

Sec. 21. Each elector shall vote, by ballot, in the 
precinct wherein he resides. 

Sec. 22. Before receiving the ballot of any elector,, 
the hoard of election shall cause to be proclaimed that 
such election is opened. 

Sec. 28. All ballots which may he cast at any elec¬ 
tion hereafter held in this State shall be written or 
printed on plain white paper, of a uniform width of 
three inches, without any distinguishing mark or other 
embellishment thereon except the names of the candi¬ 
dates and the offices for which they are voted for. 

1. Ballots so printed on the inside that lawful names and designa¬ 
tions can be seen through the paper are not illegal. State v. Adams, 65 
Ind. 393. 

2. The words “ Republican Ticket,” or the like on the inside do not 
authorize the rejection of the ballot. Druliner v. State, 29 Ind. 308; 
Stanley v. Manly, 35 Id. 275; Millholland v. Bryant, 39 Id. 363. 

Sec. 24. Any person offering to vote may be chal¬ 
lenged as unqualified by any qualified voter of such town¬ 
ship or precinct; and in all cases, the inspector or any 
judge shall challenge any person offering to vote whom 




APPENDIX. 


185 


he shall know or suspect not to he qualified. If the 
person so challenged insist upon voting, and if the chal¬ 
lenge be not withdrawn, the inspector of such election, 
or one of the judges thereof, shall administer to him, 
if he claim to he a citizen of the United States, the fol¬ 
lowing oath : 

You do swear [or affirm as the case may be], that you are a citizen of 
the United States; that you are over twenty-one years of age, to the best 
of your information and belief; that you have been a bona fide resident 
of this State for six months immediately preceding this election; that 
you have resided in the towship sixty days, and in the ward [or precinct, 
as the case may be], thirty days, and are now a bona fide resident of this 
precinct; that you are generally known by the name in which you now 
desire to vote; and that you have not voted, and will not vote in an¬ 
other precinct at this election. 

And if such person does not claim to be a citizen of 
the United States, the inspector of such election, or one 
of the judges thereof, shall administer to him the follow¬ 
ing oath : 

You do swear [or affirm, as the case may be], that you have resided 
in the United States one year, and have declared your intention to be¬ 
come a citizen thereof in conformity with the laws thereof; that you 
are over twenty-one years of age, to the best of your information and be¬ 
lief : that you have been a bona fide resident of this State for six months 
immediately preceding this election; that you have resided in the town¬ 
ship sixty days and in the ward [or precinct, as the case may be], thirty 
•days, and are now a bona fide resident of this precinct; that you are 
generally known by the name in which you now desire to vote; and that 
you have not voted, and that you will not vote, in any other precinct at 
this election. 

And in addition to such oaths of such persons whose 
votes are challenged, whether they claim to he citizens or 
not, the following oath or affirmation of some qualified 
voter in such precinct, who has been a freeholder and a 
resident householder in such precinct for at least one 
year next preceding such election, shall he required : 


186 


MISCELLANEOUS. 


You do swear [or affirm, as the case may be], that you are a qualified 
voter in this precinct; that you have been a freeholder and a resident 
householder in this precinct for one year next preceding this election; 

that-, who now desires to vote, has resided in this State for six 

months immediately preceding this election ; and that he has resided in 
this township sixty days, and in the w'ard [or precinct, as the case may 
be] thirty days, and is now a bona fide resident of this precinct. 

All of which oaths shall be written or printed, and 
shall he signed by the persons making such oaths, in 
the presence of such board of elections; which oaths 
shall be administered by some member thereof who 
shall affix his jurat thereto; which affidavits shall he 
attached to and returned, with the poll-lists, to the office 
of the County Clerk. 

Sec. 25. If the person challenged take such oath, 
and shall have been supported by a freeholder of his 
precinct, as hereinbefore provided, he shall be admitted 
to vote; and it shall not be lawful thereafter for said 
hoard to examine any witnesses touching his qualifica¬ 
tions; hut if he refuse to take such oath, they may 
swear and examine other witnesses. 

1. It is the duty of the inspector or judge to state to one who offers to 
vote, the requisites to entitle him to vote. If he still persists in his offer, 
and swears or offers to swear, and is supported by a freeholder of his pre¬ 
cinct, the refusal to swear him or to take his vote will be at the peril of 
being compelled to show that he was not a legal voter. State v. Robb, 
17 Ind. 536. 

2. The board is only liable for the rejection of a legal vote. Id. 

Sec. 26. When any elector offers to vote, the in¬ 
spector shall pronounce his name in an audible voice, 
and if there be no objection he shall receive his ballot, 
and in the presence of the other judges put the same, 
unopened, into the ballot-box, when the name of such 
elector shall be again distinctly repeated, by one of the 
other judges, in the presence of the clerks. 




APPENDIX. 


187 


Sec. 27. The name of each elector, as he votes, shall 
be entered and numbered by such clerks on their poll- 
lists. 

Sec. 28. If more persons are designated on any ticket 
to any office than are to be elected to such office, such part 
of the ticket shall not be counted to any of them; but no 
ticket shall be lost for want of form, if the board of 
judges can determine, to its satisfaction, the person 
voted for and the office intended; Provided , That no 
ballot shall be rejected by reason of any misarrange- 
ment of initial letters, or the misspelling of any Christ¬ 
ian or surname of any candidate, but, if the board is 
able to discover, to the satisfaction of a majority thereof, 
the person intended to be voted for, such ballot shall be 
counted. 

Sec. 29. Ho inspector, clerk, or judge of any elec¬ 
tion shall vote after commencing to count the votes, nor 
publish any statement’ of the result of the counting 
until such election is closed. 

Sec. 30. After the opening of the polls at any elec¬ 
tion in this State, no adjournment shall be had nor any 
recess taken until all the votes cast at such election 
shall have been counted, and the result publicly an¬ 
nounced. 

Sec. 31. It shall be the duty of the Township Trus¬ 
tees, in their respective townships, to cause the mem¬ 
bers of the election board in each township or precinct 
to be furnished with good, plain, and substantial meals, 
at the regular hours for meals, during the election day 
and until the count is finished, but no spirituous, vin¬ 
ous, or fermented liquors shall be furnished. Such 
Trustee shall be allowed, and paid, by the County Board 
the actual cost of such meals, in their next regular ac¬ 
count. 


188 


MISCELLANEOUS. 


Sec. 32. When the polls are closed, the inspector and 
judges shall open the ballot-box, and commence count¬ 
ing the votes ; when the ballots shall he taken out care¬ 
fully, one by one, by the inspector, who shall open them 
as he takes them out, and read aloud the name of each 
person printed or written thereon, and the office for 
which every such person is voted; he shall then hand 
the ballot to one of the judges, who shall examine the 
Same, and hand it to the other judge, who shall string 
it on a thread of twine. 

Sec. 33. Any political party having candidates or a 
candidate to be voted for at any election may he repre¬ 
sented by two qualified voters of such precinct in the 
room where the votes are counted, who may witness 
the counting of the votes and remonstrate against any 
fraud or irregularity that may occur: Provided , That 
such persons shall conduct themselves in a quiet and 
orderly manner, and shall not interrupt the hoard in 
the discharge of its official duties, except to state and 
file such protest. Said persons may he selected by the 
central committee of the county or township in which 
such precinct is located, or by the candidates to he voted 
for or a majority of them, or by the voters of the re¬ 
spective parties then present: Provided , That no per¬ 
son shall he admitted to the room where the election 
hoard is sitting, save only the members of the hoard, 
the sworn clerks, and the witnesses herein provided for; 
And Provided , further , That such witnesses shall enter 
the protests provided for herein in writing, and they 
shall he kept by the inspector and returned with the 
election returns and papers to the Clerk’s office, as pro¬ 
vided in this act; And Provided , further , That if the 
members of such election board, or any of them, shall, 
at any time during the progress of such election, refuse 




APPENDIX. 


189* 

admittance to their room to any such witnesses, selected 
as provided for in this act, the person so offending shall 
he deemed guilty of a misdemeanor, and, upon convic¬ 
tion, may he fined therefor, hy the proper Court or jury 
trying the cause, in any sum not less than five dollars 
nor more than fifty dollars. 

Sec. 34. When the votes shall he counted, the hoard 
of judges shall make out a certificate, under their hands, 
stating the number of votes each person has received, 
and designating the office ; which number shall he writ¬ 
ten in words; and such certificate, together with one of 
the lists of voters and one of the tally-papers, shall he 
deposited with the inspector, or with one of the judges 
selected hy the hoard of judges. 

Sec. 35. As soon as the votes are counted, and before 
the certificate of the judges, as prescribed in the fore¬ 
going section, is made out, the ballots, with one of the 
lists of voters and one of the tally-papers, shall, in the 
presence of the judges and clerks, he carefully and se¬ 
curely placed hy the inspector, in the presence of the 
judges, in a strong and stout paper envelope or hag, 
which shall then he tightly closed and well sealed with 
wax hy the inspector, and shall be delivered by such in¬ 
spector to the County Clerk at the very earliest possible 
period before or on the Thursday next succeeding said 
election ; and the inspector shall securely keep said en¬ 
velope containing the ballots and papers therein, and 
permit no one to open said envelope or touch or tamper 
with said ballots or papers therein. And upon the de- 
livery of such envelope to the Clerk, said inspector shall 
take and subscribe an oath, before said Clerk, that he 
has securely kept said envelope and, the ballots and pa¬ 
pers therein, and that, after said envelope had heen 
closed and sealed by him in the presence of the judges 


190 


MISCELLANEOUS. 


and clerks, he had not suffered or permitted any person 
to break the seal or open said envelope, or touch or tam¬ 
per with said ballots or papers, and that no person has 
broken such seal or opened said envelope to his knowl¬ 
edge ; which oath shall be filed in said Clerk’s office 
with the other election papers. 

Sec. 36. The Clerk shall securely keep said envelope, 
so sealed, with the ballots and papers therein, in the 
same condition as it was received by him from the in¬ 
spector, in his office (unless opened by said inspector, in 
the presence of the board of canvassers, as herein pro¬ 
vided), for the period of six months. But when such 
election is contested, he shall preserve them so long as 
such contest is undetermined, subject to the order of 
the Court trying such contest: Provided , That said in¬ 
spector shall, after sealing said envelope containing 
such ballots and one of his poll-books and tally-papers, 
plainly mark said envelope upon the outside, in ink, 
with the name, number, and township. And after each 
election the ballot-box herein provided for shall be, by 
said inspector, deposited with the Township Trustee of 
the township in which his precinct is situate, for safe¬ 
keeping. And said officers of election shall, upon re¬ 
ceiving the pay for their services as such from said 
Township Trustee, deliver to him the keys of said ballot- 
box in their custody. 

Sec. 37. The inspectors of each township or pre¬ 
cinct, or the judges of election to whom the certificates, 
poll-books, and tally-papers shall have been delivered, 
as provided for in this act, shall constitute a board of 
canvassers, who shall canvass and estimate the certi¬ 
ficates, poll-lists, a*nd tally-papers returned by each 
member of said board : for which purpose they shall as¬ 
semble at the court-house on the Thursday next sue- 


APPENDIX. 


191 


ceeding such election, between the hours of ten a. m. 
and six o’clock p. m. 

Sec. 38. The members of such hoard who shall as¬ 
semble at such time and place shall select one of their 
number as chairman, and the Clerk of the Circuit Court 
shall act as their clerk. 

« Sec. 39. Such board, when organized, shall carefully 
compare and examine the papers intrusted to it, and 
aggregate and tabulate from them the vote of the county; 
a statement of which shall be drawn up by the Clerk, 
and shall contain the names of the persons voted for, 
the office, the number of votes given in each township 
and precinct to each person the number of votes given to 
each in the county, and also the aggregate number of votes 
given; which statement shall be signed by each member of 
said board ; which canvass-sheet, together with such cer¬ 
tificates, poll-books, and tally-papers shall be delivered 
to the Clerk, and by him filed in his office. The same 
shall be preserved by him, open to the inspection of any 
legal voter of the county, or district, or State. 

Sec. 40. Such board shall declare the person having 
the highest number of votes given for any office to be 
filled by the voters of a single county duly elected to 
such office, and certify the same in the statement above 
required. 

Sec. 41. If two or more persons shall have the high¬ 
est and an equal number of votes for a single office to 
be filled by the voters of a single county, such board 
shall forthwith declare that no person is elected to fill 
such office, and shall certify the same in its statement; 
and, when filed, the Clerk shall certify that fact to the 
tribunal whose duty it is to supply vacancies in such 
office or to issue a writ of election to fill the same, as 
the case may require. 


192 


MISCELLANEOUS. 


SCHOOLS—ADMINISTRATION OF. 

[1873, p. 68. In force March 8, 1873.] 

Section 40. When any Trustee shall neglect to file 
with the County Superintendent an enumeration of the 
children of the township, town, or city, as required by 
section 4472, R. S. 1881, the County Superintendent shall, 
immediately after the first day of May in each year, 
employ a competent person to take the same, and allow 
a reasonable compensation for such services, payable 
from the special school revenue of the township; and 
shall proceed to recover the same in the name of the 
State of Indiana, for the use of said revenue of said 
township, by action against the said Trustee in his 
individual capacity; and in such suit the County 
Superintendent shall be a competent witness. 

[1877, p. 122. In force March 2, 1877.] 

Section 8. The County Superintendent and the 
Trustees of the townships, and the chairman of the 
School Trustees of each town and city of the county 
shall constitute a County Board of Education. Said 
Board shall meet, semi-annually, at the office of the 
County Superintendent, on the first days of May and 
September (unless the said days be Sunday, and if so, 
on the day following,) a majority of whom shall con¬ 
stitute a quorum. The County Superintendent shall 
preside at the meetings of the Board, and shall be 
allowed to vote on all questions as other members of 
the same are allowed to vote. Said Board shall con¬ 
sider the general wants and needs of the schools and 
school property of which they have charge, and all 
matters relating to the purchase of school furniture, 
books, maps, charts, etc. The change of text-books, 




APPENDIX. 


193 


except in cities, and the care and management of town¬ 
ship libraries, shall be determined by such Board, and 
each township shall conform as nearly as practicable to 
its action; but no text-hook, hereafter adopted by the 
County Board, shall he changed within six years from 
the date of such adoption, except by unanimous vote of 
all the members of such Board: Provided , That any 
text-hook, heretofore adopted by the County Board of 
Education, shall not he changed within three years 
from the date of its adoption. 

[1859, p. 181. In force August 6, 1859. 

Section 1. Each and every township that now is, or 
may hereafter be organized in any county in this State, 
is hereby also declared to be a school township, and, as 
such, to be a body politic and corporate, by the name 

and style of “-School, -township of- 

county,” according to the name of the township and of 
the county in which the same may be organized; and, 
by such name, may contract and may be contracted 
with, sue and be sued, in any court having competent 
jurisdiction. 

1. See Utica Tp. v. Miller, 62 Ind. 230. 

[1865, p. 3. In force March 6, 1865.] 

, Section 4. Each civil township and each incorpor¬ 
ated town or city in the several counties of the State is 
hereby declared a distinct municipal corporation for 
school purposes, by the name and style of the civil 
township, town, or city corporation respectively and by 
such name may contract and be contracted with, sue 
and be sued, in any court having competent jurisdic¬ 
tion ; and the Trustees of such township, and the Trus¬ 
tees provided for in the next section of this act, shall, 

13 





194 


MISCELLANEOUS. 


for their township, town, or city, he School Trustees, 
and perform the duties of Clerk and Treasurer for 
school purposes. 

1. It has been held, in very many cases, that the name of the school 

corporation is “ the School Town (or City) of-,” or “ School Town¬ 
ship of-County,” and that, in this name, it must sue and be sued * 

that, instead of a distinct function bestowed on the civil or municipal 
corporation, an independent and distinct corporation, for school pur¬ 
poses only, is created by this section, and that section 1 is still in force. 
Carmichael v. Lawrence, 47 [nd. 554; Huntington v. Day, 55 Id. 7; 
Jarvis v. Shelby, 62 Id. 257; Harrison v. McGregor, 67 Id. 380 

2. The Town of Noblesville v. McFarland, 57 Ind. 335, seems to be 
in conflict with most of the other cases before and after it. But, see 
Steinmetz v. State, 47 Ind. 465; Robinson v. State, 60 Id. 26; Inglis v~ 
State, 61 Id. 212. 

3. A school township may, in the name of its Trustee, execute a 
promissory note for any debt lawfully contracted ; and such a note,, 

signed “A B, Trustee of-Township,” reciting that its consideration 

was labor on a school house, will be held to be executed by the school 
township. Sheffield u. Andress, 56 Ind. 157; Jackson v. Hadley, 59 Id. 534. 

[1875, p. 135. In force March 12, 1875.] 

Sec. 5. The Common Council of each city and the 
Board of Trustees of each incorporated town of this 
State shall, at their first regular meeting in the month 
of June, elect three School Trustees (who shall hold 
their office one, two, and three years respectively, as 
said Trustees shall determine by lot at the time of their 
organization,) and annually thereafter, shall elect one 
School Trustee, who shall hold his office for three years. 
Said Trustees shall constitute the School Board of the 
city or town; and, before entering upon the duties of 
their office, shall take an oath faithfully to discharge 
the duties of the same. They shall meet within five 
days after their election, and organize by electing one 
of their number as president, one as secretary, and one 
as treasurer. The treasurer, before entering upon the 





APPENDIX. 


195 


duties of his office, shall execute a bond, to the accept¬ 
ance of the County Auditor, conditioned as in ordinary 
official bonds, with at least two sufficient freehold 
sureties, who shall not be members of said Board, in a 
sum not less than double the amount of money which 
may come into his hands, within any one year, by 
virtue of his office. The president and secretary shall 
■each give bond, with like sureties, to be approved by 
the County Auditor, in any sum not less than one-third 
of the treasurer’s bond. All vacancies that may occur 
in said Board of School Trustees shall be filled by the 
Common Council of the city or Board of Trustees of 
the town; but such election to fill a vacancy shall only 
be for the unexpired term. The Board of School Trus¬ 
tees shall, each year, within five days after the annual 
election of a member, re-organize their Board and 
-execute their respective bonds for the ensuing year. 
Said Trustees shall receive for their services such com¬ 
pensation as the Common Council of the city or the 
Board of Trustees of the town may deem just; which 
compensation shall be paid from the special school 
revenue of the city or town. 

1. A Trustee of an incorporated town may be elected to the office of 
School Trustee. State v. Meyer, 60 Ind. 288. 

2. As to the time of election, this section is merely directory; and 
if omitted at the time, it may be made afterward. Sackett v. Foreman, 
74 Ind. 486. 

[1865, p. 3. In force March 6, 1865.] 

Sec. 6 . The County Auditor, in fixing the penalty 
and approving and accepting the bonds of. such Trus¬ 
tees, shall see to their sufficiency to secure the school 
revenues which may come into their hands, as well as 
the ordinary township or other revenues. In case of a 
vacancy in the office of Trustee, the County Auditor 
shall appoint a person to fill the same, who shall take 


196 


MISCELLANEOUS. 


an oath and give bond as required in the last preceding 
section; and said Auditor shall report to the Superin¬ 
tendent of Public Instruction the name and post office 
address of each Trustee. 

[1873, p. 68. In force March 8, 1873 ] 

Sec. 7. The School Trustees of every township, in¬ 
corporated town, or city shall receive the special school 
revenue belonging thereto, and the revenue for tuition 
which may he apportioned to his township, town or 
city by the State, for tuition or the common schools, 
and shall pay out the same for the purpose for which 
such revenues were collected and appropriated. Such 
Trustees shall keep accurate accounts of the receipts 
and expenditures of such revenues, and shall render to 
the County Commissioners, annually, on the first Mon¬ 
day after the second Tuesday in October, and as much 
oftener as they may require, a report thereof, in writ¬ 
ing, for the year then ending. Said Board of Com¬ 
missioners shall hold a session on said Monday, to 
receive said reports. They shall clearly and separately 
state— 

First. The amount of special school revenue, and of 
school revenue for tuition, on hand at the commence¬ 
ment of the year then ending. 

Second. The amount of each kind of revenue re¬ 
ceived within the year, giving the amount of tuition 
revenue received at each semi-annual apportionment 
thereof. 

Third. The amount of each kind of revenue paid 
out and expended within the year. 

Fourth. The amount of each kind of revenue on 
hand at the date of said report, to be carried to the 
new account. 


APPENDIX. 


197 


They shall, with said report, present and file a detailed 
account current of the receipts and payments for the 
year, and support the same by proper vouchers; which 
report and account-current shall each be duly verified by 
affidavit. When the said County Commissioners are 
satisfied that said report is full, accurate, and right in 
all respects, and that said account is just and true, they 
shall allow and pass the same; which shall have the 
effect to credit the Trustee for the expenditures. A 
copy of said report, as passed and allowed by the 
County Commissioners, shall, within ten days after its 
date, be filed by the Trustee with the County Superin¬ 
tendent of the county. Upon failure of the Trustee to 
discharge any of the duties required of him relative to 
schools and school revenues, the Board of County Com¬ 
missioners shall cause suit to be instituted against him, 
on his official bond, and in case of recovery against him, 
the court rendering the judgment shall assess upon the 
amount thereof ten per cent, damages, to be included 
in said judgment. 

1. The application by a Trustee, of tuition revenue to special school, 
road, or civil township purposes is a conversion of so much of the fund 
and a breach of his bond. Robinson v. State, 60 Ind. 26. 

2. The suit may be brought on the relation of his successor. Stein- 
metz v. State, 47 Ind. 4C5; Robinson v. State, 60 Id. 26. 

3. The Trustee is absolutely liable for the loss of the funds, by 
whatever casualty. Depositing in a solvent bank, by advice of State 
and County Superintendent and County Board, if loss result, is no 
defense. Inglis v. State, 61 Ind. 212. 

[1865, p. 3. In force March 6, 1865.] 

Sec. 8. The Trustees shall keep a record of their 
proceedings relative to the schools, including all orders 
and allowances on account thereof; including, also, 
accounts, of all receipts and expenditures of school 


198 


MISCELLANEOUS. 


revenue, distinguishing between the special school 
revenue belonging to their township, town, or city, and 
the school revenue for tuition which belongs to the 
State, and by it apportioned to their township, town, or 
city; which said revenue for tuition they shall not per¬ 
mit to be expended for any other purpose, nor even for 
that purpose in advance of its apportionment to their 
respective corporations. 

Sec. 9. The Township Trustees and the School 
Trustees of incorporated towns and cities shall, im¬ 
mediately after their annual settlements with the 
County Commissioners, in October, make a full state¬ 
ment of all their receipts and expenditures, for the year 
preceding, relative to their schools. 

Sec. 10. The Trustees shall take charge of the edu¬ 
cational affairs of their respective townships, towns, 
and cities. They shall employ teachers; establish and 
locate, conveniently, a sufficient number of schools for 
the education of the white children therein; and build, or 
otherwise provide, suitable houses, furniture, apparatus, 
and other articles and educational appliances necessary 
for the thorough organization and efficient management 
of said school. They may also establish graded schools, 
or such modifications of them as may he practicable; 
and provide for admitting into the higher departments 
of the graded school, from the primary schools of their 
townships, such pupils as are sufficiently advanced for 
such adm^sion. They shall have the care and manage¬ 
ment of all property, real and personal, belonging to 
their respective corporations for common school pur¬ 
poses, except the congressional township school lands; 
which lands shall be under the care and management of 
the Trustee of the civil township to which such lands 
belong. 


APPENDIX. 


199 


[1873, p. 68. In force March 8, 1873.] 

Section 12. The School Trustees of incorporated 
towns and cities shall have power to employ a super¬ 
intendent for their schools (whose salary shall be paid 
from the special school revenue,) and to prescribe his 
duties, and to direct in the discharge of the same. 

Sec. IS. The School Trustees of two or more distinct 
municipal corporations for school purposes shall have 
power to establish joint graded schools, or such modifi¬ 
cations of them as may be practicable, and provide for 
admitting into the higher departments of their graded 
schools, from the primary schools of their corporations, 
such pupils as are sufficiently advanced for such admis¬ 
sion. Said Trustees shall have the care and manage¬ 
ment of such graded schools, and they shall select the 
teachers therefor. They shall have power to purchase 
suitable grounds for such graded schools and erect suit¬ 
able buildings thereon; and the title to all such prop¬ 
erty, acquired for such purposes, shall vest jointly in 
the corporations establishing the graded schools. 

[18877, p. 18. In force March 3, 1877.] 

Section 1. The Board of School Trustees of any 
city or incorporated town in this State is hereby author¬ 
ized and empowered to pay over to the Common Coun¬ 
cil or Board of Trustees of such city or town any sur¬ 
plus special school revenue in the hands of such School 
Trustees, not necessary to meet current expenses—such 
excess of the revenues aforesaid, to be applied to the 
payment of the interest or principal, or both, of any in¬ 
debtedness incurred under the provisions of the act of 
March 8,1873, authorizing cities and incorporated towns 
to negotiate and sell bonds to procure means to erect and 
complete unfinished school buildings, and to purchase 


200 


MISCELLANEOUS. 


any ground and building for school purposes, and to pay 
debts contracted for the erection, completion, and pur¬ 
chase of buildings and grounds. 

Sec. 2. Where the excess of special school revenue 
not necessary to meet the current demand upon such 
revenue shall have been, prior to the passage of this act, 
loaned, paid over, or applied, as provided in the preced¬ 
ing section, such loan, payment, or application of such 
moneys, is hereby legalized and made valid, as fully and 
completely as if this act had been in full force and effect 
at the time such transaction took place. 

[1865, p. 3. In force March 6, 1865.] 

Section 20. To enable the Trustees to make reports 
which are required of them by this act, the teacher of 
each school, whether in township, town, or city, shall, 
at the expiration of the term of the school for which 
such teacher shall have been employed, furnish a com¬ 
plete report to the proper Trustee, verified by affidavit, 
showing the length of the school term, in days; the 
number of teachers employed, male and female, and 
their daily compensation; the number of pupils ad¬ 
mitted during the term, distinguishing between males 
and females, and between the ages of six and twenty- 
one years; the average attendance; books used and 
branches taught, and the number of pupils engaged in 
the study of each branch. Until such report shall have 
been so filed, such Trustee shall not pay more than 
seventy-five per centum of the wages of such teacher, 
for his or her services. 

[1873, p. 68. In force March 8, 1873.] 

Sec. 21. The Trustees of each township, town, or 
city, shall, annually, on the first day of September, re- 



APPENDIX. 


201 


port and furnish to the County Superintendent the sta¬ 
tistical information obtained from teachers of the schools 
of their respective townships, towns, or cities, and em¬ 
body in a tabular form the following additional items: 
The number of districts; schools taught and their grades; 
teachers, male and female; average compensation of 
each grade; balance of tuition revenue on hand at the 
commencement of the Current year; amount received 
during the year from the County Treasurer, and amount 
expended within the year for tuition, and balance on 
hand; length of school taught within the year, in days; 
school-houses erected during the year, the cost of the 
same, the number and kind before erected, and the esti¬ 
mated value thereof and of all other school property; 
number of volumes in the library, and the number 
taken out during the year ending the first day of Sep¬ 
tember, also the number of volumes added thereto ; as¬ 
sessment on each one hundred dollars of taxable pro¬ 
perty, and on each poll, of special tax for school-house 
erection, and amount of such levy ; balance of special 
school revenue on hand at the commencement of the 
current year; amount received during the year from 
the County Treasurer; the amount of said revenue ex¬ 
pended during the year, and balance on hand ; the num¬ 
ber of acres of unsold congressional school lands, the 
value thereof, and the income therefrom ; together -with 
such other information as may be called for by the 
County Superintendent and Superintendent of Public 
Instruction. 

[1865, p. 3. In force March 6, 1865.] 

Sec. 22. On failure of any Trustee to make either 
the statistical report required by the last preceding sec¬ 
tion, or the report of the enumeration required by the 


202 


MISCELLANEOUS. 


sixteenth section of this act, or the report of finances 
required by the seventh section of this act [sec. 7], to 
the County Superintendent, at the time, and in the man¬ 
ner specified for each of said reports, the County Super¬ 
intendent to whom such reports are due shall, within 
one week of the time the next semi-annual apportion¬ 
ment is to be made by the Auditor of the county, notify 
said Auditor, in writing, of any such failure; and the 
Auditor shall diminish the apportionment of said town¬ 
ship, town, or city by the sum of twenty-five dollars, 
and withhold from the delinquent Trustee the warrant 
for the money apportioned to his township, town, or 
city, until such delinquent report is duly made and filed. 
For said twenty-five dollars, and any additional damages 
which the township, town, or city may sustain, by rea¬ 
son of stopping said money, such Trustee shall be liable 
on his bond, for which the County Commissioners may 
sue. 

Sec. 23. If a Trustee shall fail to discharge any of 
the duties of his office relative to the schools, any per¬ 
son may maintain an action against him for every such of¬ 
fense, in the name of the State of Indiana, and may re¬ 
cover, for the use of the common school fund, any sum not 
exceeding ten dollars ; which sum, when collected, shall 
be paid into the county treasury, and added by the 
County Auditor to said fund, and reported accordingly. 

Sec. 24. Any person elected or appointed such Trus¬ 
tee, who shall fail to qualify and serve as such, shall pay 
the sum of five dollars, to be recovered as specified in 
the preceding section for the use therein named, and in 
like manner added to said fund, unless such person shall 
have previously served as such Trustee. 

Sec. 141. The books, papers, and accounts of any 
Trustee, relative to schools, shall at all times be subject 


APPENDIX. 


203 


to the inspection of the County Superintendent, the 
County Auditor, and the Board of County Commis¬ 
sioners of the proper county. 

Sec. 142. For the purpose of such inspection, said 
County Superintendent, Auditor, and Board of County 
Commissioners may, by subpoena, summon before them 
any Trustee, and require the production of such books, 
papers, and accounts, three days’ notice of the time to 
appear and produce them being given. 

Sec. 143. If any such books and accounts have been 
imperfectly kept, said Board of Commissioners may cor¬ 
rect them, and, if fraud appear, shall remove the person 
guilty thereof. 


SCHOOLS—TAXATION FOR. 

[1865, p. 3. In force March 6, 1865.] 

Section 1. There shall be annually assessed and 
collected, as State and county revenues*are assessed and 
collected, sixteen cents on each one hundred dollars of 
taxable property, real and personal, in the State, and 
fifty cents on each taxable poll, for the purpose of sup¬ 
porting a general system of common schools. 

1. An Act of 1873 (p. 216) legalizing tax levies for tuition made by 
School Trustees of cities prior to January 21, 1875. 

[1869 S., p. 41. In force May 13, 1869.] 

Section 1 . In assessing and collecting taxes for 
school purposes under existing laws, all property, real 
and personal, subject to taxation for State and county 
purposes, shall be taxed for the support of common 
schools, without regard to the race or color of the 
owner of the property. 


204 


MISCELLANEOUS. 


[1873, p. 68. In force March 8, 1873.] 

Sec. 12. The Trustees of the several townships, 
towns, and cities shall have the power to levy a special 
tax, in their respective townships, towns, or cities, for 
the construction, renting, or repairing of school houses, 
for providing furniture, school apparatus, and fuel 
therefor, and for the payment of other necessary ex¬ 
penses of the school, except tuition; but no tax shall 
exceed the sum of fifty cents on each one hundred 
dollars’ worth of taxable property and one dollar on 
each poll, in any one year, and the income from said 
tax shall be denominated the special school revenue. 
Any taxpayer who may choose to pay to the Treasurer 
of the township, town, or city wherein said taxpayer 
has property liable to taxation, any amount of money, 
or furnish building material for the construction of 
school houses, or furniture or fuel therefor, shall be 
entitled to a receipt therefor from the Trustee of said 
township, town, or city, which shall exempt such tax¬ 
payer from any further taxes for said purposes, until 
the taxes of said taxpayer, levied for such purposes, 
would if not thus paid, amount to the sum or value of 
the materials so furnished or amount so paid: Provided, 
That said building materials, or furniture and fuel, 
shall be received at the option of said Trustee. 

[1865, p. 3. In force March 6, 1875.] 

Sec. 13. The County Auditor shall, upon the prop¬ 
erty and polls liable to taxation for State and county 
purposes, make the proper assessments of special school 
tax levied by the Trustee, in the same manner as for 
State and county revenue, and shall set down the 
amount of said tax on his tax-list and duplicate thereof, 
as other taxes are set down, in appropriate columns; 


APPENDIX. 


205 


and he shall extend said assessment to the taxable 
property of the person transferred, which is situated in 
the township, town, or city to which the transfer is 
made, and to the property and poll of the person trans¬ 
ferred, situate in the township, town, or city in which 
the person taxed resides, according to the rate and 
levy thereof in the township, town, or city to which 
the transfer is made, and for its use; and said tax shall 
be collected by the County Treasurer as other taxes are 
collected, and shall be paid, when collected, to the 
Treasurer for school purposes of the proper township, 
town, or city, upon the warrant of the County Auditor. 
To enable County Auditors correctly to assess said tax, 
the County Superintendents of the several counties 
shall, at the time they make out and report to the 
Auditor the basis of the apportionment of school reve¬ 
nue for tuition, (as is required by section 4432 R. S. 
1881), make out and report to said Auditor a statement 
of transfers which have been made for school purposes 
according to sections 14 and 16. 

[1867, p. 30. In force June 6, 1867.] 

Section 1 . The Trustees of the civil townships, the 
Trustees of incorporated towns, and the Common 
Councils of cities shall have power to levy, annually, a 
tax not exceeding twenty-five cents on each one hun¬ 
dred dollars of taxable property and twenty-five cents 
on each taxable poll; which tax shall be assessed and 
collected as the taxes for State and county revenue are 
assessed and collected. 

Sec. 2. The funds arising from such tax shall be 
under the charge and control of the same officers, 
secured by the same guaranties, subject to the same 
rules and regulations and applied and expended in the 


206 


MISCELLANEOUS. 


same manner as funds arising from taxation for common 
school purposes, by the laws of this State: Provided , 
That the funds assessed and collected in any civil town¬ 
ship, incorporated town, or city shall be applied and 
expended in the same civil township, incorporated 
town, or city in which s.uch funds shall have been 
assessed and collected. 

[1873, p. 209. In force March 11, 1873.] 

Section 1. In all cases where any Township Trus¬ 
tee may have heretofore made and contracted debts 
against any township in the construction, repairing or 
completion of school houses, or in providing furniture 
or school apparatus therefor, and the special school 
revenue tax, as provided for in section 12, shall he in¬ 
sufficient to satisfy, pay, and liquidate debts so made 
and contracted by such Trustee, then, and in that case, 
it shall he lawful (and such Township Trustee is 
hereby authorized) to levy an additional tax of not 
exceeding twenty-five cents on each one hundred 
dollars’ worth of taxable property, in any one year, to 
the amount now authorized to be levied under said sec¬ 
tion, for the purpose of paying, satisfying, and liquidat¬ 
ing the debts made and contracted by said Trustee, for 
the purposes aforesaid, and it shall be lawful (and said 
Trustee is hereby authorized) to make said levy for 
each and every year after the passage of this act, until 
said debts, made and contracted as aforesaid for the 
purposes aforesaid, shall be fully paid, satisfied and 
liquidated: Provided, That nothing in this act shall 
he construed to alter, change, modify, repeal, or in any 
way conflict with section 12: Provided, further, That 
such additional levy shall only be made after the legal 
voters of the township to be affected thereby shall have 
declared in favor thereof. 




APPENDIX. 


207 


[1875, p. 29. In force March 11, 1875.] 

Section 3. In addition to levying the tax by cities 
or incorporated towns for general purposes, now author¬ 
ized by law, the Common Council of any such cities, 
and Boards of Trustees of any such incorporated towns 
as shall avail themselves of the provisions of this Act, 
are hereby authorized and required to levy, annually, a 
special additional tax, at the same time and in the same 
manner as other taxes of such city or town are levied, 
sufficient to pay the interest and principal of said bonds 
falling due; which additional special tax shall be 
assessed and collected as the taxes for State and county 
revenue are assessed and collected. The Treasurer of 
said city or town shall keep accurate account of the 
revenue arising from said special tax, and shall in his 
reports, when required by the city or town authorities, 
show the amount thereof received, the amount dis¬ 
bursed, and the amount thereof, if any, remaining 
delinquent. He shall pay out the same only by the 
authority of the Common Council of said city or Board 
of Trustees of such town; and shall permit the same 
to be applied to no other purpose than the payment of 
the principal and interest of such bonds; and official 
bonds of City and Town Treasurers shall be construed 
to cover and include revenue arising from this source. 
Persons residing outside of any such city or town, and 
electing to be transferred to such town or city for 
educational purposes, or who shall send their children 
to the school taught in any such building, shall, with 
their property, be liable to such tax, as if they resided 
in such city or town, on all property owned by said per¬ 
son in the township where such city or town is located: 
Provided , always , That nothing in this act shall be con- 


208 


MISCELLANEOUS. 


strued to prevent the School Trustee of such town or 
city from admitting pupils into such schools from out¬ 
side such city or town, in their discretion, upon the 
payment of tuition therefor, and without subjecting 
the property of their parents to such taxation, when 
fuch schools are not crowded, and their admission shall 
in no way interfere with the progress of the children 
within such city or town: Provided,further, That the 
additional special tax, hereby authorized, shall not in 
any one year, exceed fifty cents on any one hundred 
dollars of taxable property and one dollar on each poll. 

1. This is constitutional, so far as it authorizes taxing those sending 
to the school, though not transferred. Kent v. Kentland, 62 Ind. 291. 


SCHOOLS—ENUMERATION FOR. 

[1873, p. 68. In force March 8, 1873.] 

Section 14. The Trustees of the several townships, 
tovrns, and cities shall, between the first of March and 
the first of May in each year, make an enumeration of 
the children, white and colored, within their respective 
townships, towns, and cities, between the ages of six 
and twenty-one years, exclusive of married persons; 
and in making said enumeration, the Trustees shall 
distinguish between the white and colored children, 
enumerating them in separate lists, and shall list the 
names of parents, guardians, or heads of families, male 
and female, having charge of such children; and oppo¬ 
site each name, in appropriate columns, shall be entered 
the whole number of children in charge of the person 
so named, specifying, particularly, the number of males, 
the number of females, the number of the school to 
which such person is attached for school purposes, and 
the number and initials which designate the congres- 



APPENDIX. 


209 


sional township in which such person resides; including 
in said list and enumeration the names of such persons 
as have been transferred to his township, town, or city, 
from other townships, towns, or cities, and the enumer¬ 
ation of their children, and excluding therefrom the 
names and number of children of such persons as have 
been transferred from his township, town, or city, to other 
townships, towns, or cities. Each Township Trustee, 
upon making the first enumeration after the taking effect 
of this act, shall inquire of each person whose name he so 
lists, to which school he or she desires to be attached; 
and such persons, upon making their selections, shall be 
considered as forming the school district of the school 
selected, and none shall be allowed thereafter to attach 
themselves to, or have the privilege of, any other school 
but by the consent of the Trustee, for good cause shown. 
At subsequent enumerations, the same inquiry shall be 
made by the Trustee of the parent, guardian, or head 
of family, having charge of children between the ages 
aforesaid, whose residence has been changed, or whose 
children have become subject to be enumerated for the 
first time since the last enumeration. In case a change 
in the location of a school in the township has been 
made since the last enumeration, the Trustee shall make 
the same inquiry of the persons whose school privileges 
are affected by such change. But such inquiries need 
not be made by the Trustee of incorporated towns and 
cities when they take their enumerations. The persons 
listed in each of such towns and cities shall be con¬ 
sidered as forming but single school districts therein, 
distinct from the townships in which they are situated. 


210 


MISCELLANEOUS. 


[1865, p. 3. In force March 6, 1865.] 

Section 16. When persons can be better accommo¬ 
dated at the school of an adjoining township, or of any 
incorporated town or city, the Trustee of the town or 
city in which such persons reside shall, if such person 
so request, at the time of making the enumeration, 
transfer them, for educational purposes, to such town¬ 
ship, town, or city, and notify the Trustee of such 
transfer; which notice shall furnish the enumeration of 
the children of the persons so transferred. Each Trus¬ 
tee shall, with his report of the enumeration, report 
distinctly the persons transferred to his township, town, 
or city, for school purposes; indicating in said report 
the number of children in charge of the persons trans¬ 
ferred, with the same particularity that is observed in 
he enumeration. 

1. The only remedy for refusal of the Trustee to transfer is by 
appeal to the County Superintendent, whose decision is final. Fogle v. 
Gregg, 26 Ind. 345. 

Sec. IT. Each person so transferred, for educational 
purposes, to a township, town, or city, in an adjoining 
county, shall, annually, pay to the Treasurer of such 
township, town, or city, (when a tax is levied therein 
for the purposes aforesaid) a sum equal to the tax levied, 
computing the same upon the property and poll, liable 
to tax, of such persons in the township, town, or city 
where he resides, according to the valuation thereof by 
the proper Assessor; which payment shall release his 
property from the special school tax in the township in 
which he resides. In default of such payment, he shall 
be debarred from educational privileges in the town¬ 
ship, town, or city to which he may have been trans¬ 
ferred ; and the Trustee thereof shall notify the Trustee 


APPENDIX. 


211 


of the township, town, or city in which he (the person 
transferred) resides, of such exclusion. 

[1873, p. 68. In force March 8, 1873.] 

Sec. 18. Each Trustee shall, on or before the first 
day of May, annually, report to and file with the 
County Superintendent of the proper county a copy of 
his said list and enumeration, with his affidavit indorsed 
thereon, to the effect that the same is, to the best of his 
knowledge and belief, full and accurate, and that the 
enumeration does not include persons who are less than 
six nor more than twenty-one years of age. 

[1865, p. 3. In force March 6, 1865. 

Sec. 19. When a congressional township is located 
in two or more counties, the proper Trustee for each 
portion thereof in the several counties shall report, at 
the same time and in like manner as provided in the 
last preceding section, to the County Superintendent of 
the county in which the congressional township fund 
of such township is held in trust and managed. 

SCHOOLS AND SCHOOL HOUSES. 

[1865, p. 3. In force March 6, 1865.] 

Section*29. The Director of each school shall pre¬ 
side at all meetings of the inhabitants connected there¬ 
with, and record their proceedings. He shall also act as 
the organ of communication between the inhabitants 
and the Township Trustee. 

Sec. 30. He shall take charge of the school-house 
and property belonging thereto, under the general or¬ 
der and concurrence of the Trustee, and preserve the 
same; and shall make all temporary repairs of the 


212 


MISCELLANEOUS. 


school-house, furniture, and fixtures, and provide the 
necessary fuel for the school, reporting the cost thereof 
to the Trustee for payment. 

Sec. 31. He shall visit and inspect the school, from 
time to time, and, when necessary, may exclude any re¬ 
fractory pupil therefrom; but the exclusion of any pu¬ 
pil from the school for disorderly conduct shall not ex¬ 
tend beyond the current term, and may he, in the dis¬ 
cretion of the Director, for a shorter period. 

Sec. 32. The decision of the Director in excluding 
a pupil shall be subject to appeal to the Township Trus¬ 
tee, whose decision shall be final. 

Sec. 162. If any parent, guardian, or other person, 
from any cause, fancied or real, visit a school with the 
avowed intention of upbraiding or insulting the teacher 
in the presence of the school, and shall so upbraid or 
insult the teacher, such person, for such conduct, shall 
be liable to a fine of not more than twenty-five dollars; 
which, when collected, shall go into the general tuition 
revenue. 

Sec. 157. The title to all lands acquired for school 
purposes shall be conveyed to the township, incorpor¬ 
ated town, or city for which it is acquired, in the cor¬ 
porate name of such township, town, or city, which is 
used for school purposes, for the use of common schools 
therein. In all cases in which the title to any such 
land is vested in any other person or corporation than 
as above provided, it shall be the duty of the Trustee 
for school purposes of the township, town, or city, to 
procure the title to be vested as in this section provided. 

1. It was held that the corporation (township, town, or city) holds the 
title in trust for school purposes, and that, upon the incorporation of a 
town, it becomes the Trustee, and entitled to such real estate as lies within 
its boundaries. Carson v. State, 27 Ind. 465. But the later cases of Hei- 


APPENDIX. 


213 


zer v. Yohn, 37 Ind. 415, and Rickert v. Peru, 60 Id. 473, hold otherwise. 
The question will perhaps be finally settled by a case now pending in the 
Supreme Court. 

2. A school corporation can not establish a school outside of its ter¬ 
ritorial limits. State v. Shield, 56 Ind. 521. 

Sec. 158. When a school-house is unoccupied by a 
common school of the State, and the people who form 
the school at such house desire that a private school he 
taught therein, and a majority of them make application 
to the Trustee having charge of such house for the use 
of it for such private school, it shall be the duty of the 
Trustee to permit said school-house to be used for such 
private school by such teacher as may be mentioned in 
the application, but not for a longer time than until said 
house may he wanted for a public school; and such per¬ 
mission and use shall be upon the condition that the 
teacher employed in said school shall report, in writ- 
in cr, to the Trustee— 

First. The number of teachers employed, distinguish¬ 
ing between male and female. 

Second. The number of pupils admitted into the 
school within the term, and the average daily attend¬ 
ance. 

Third. The cost of tuition, per pupil per month, in 
said school. 

[1859, p. 181. In force August 6, 1859.] 

Section 6. If a majority of the legal voters of any 
school district desire the use of the school house of such 
district for other purposes than common schools, when 
unoccupied for common school purposes, the Trustee 
shall, upon such application, authorize the Director of 
such school district to permit the people of such district 
to use the house for any such purpose, giving equal 
rights and privileges to all religious denominations and 


214 


MISCELLANEOUS. 


political parties without any regard whatever to the nu¬ 
merical strength of any religious denomination or politi¬ 
cal party of such district. 

[1865, p. 3. In force March 6, 1865.] 

Section 149. The proper Trustee may, whenever a 
school house shall have been removed to a different loca¬ 
tion, or a new one erected for the school in a different 
place, if the land whereon the same is situated belongs 
unconditionally to the township, town, or city, sell the 
same, when in his opinion, it is advantageous to the 
township, town, or city so to do, for the highest price 
that can be obtained therefor; and upon the payment 
of the purchase-money to the township, town, or city 
Treasurer, he shall execute to the purchaser a deed of 
conveyance, which shall be sufficient to vest in such 
purchaser all the title of such township, town, or city 
thereto. The money derived from such sale shall be a 
part of the special school revenue. 

[1877, p. 125. In force March 6, 1877.] 

Section 1. The Trustees of two or more adjacent 
counties and townships may establish a new school dis¬ 
trict, and build a school-house therein at the joint ex¬ 
pense of their several townships, whenever, in their 
judgment, it shall appear necessary for the better ac¬ 
commodation of the people of their respective town¬ 
ships : Provided , That such necessity must be set forth 
in a petition of the persons making the request—such 
petition to be presented to each of said Trustees. And 
said Trustees shall, at the time agreed upon by them, 
not less than ten days nor more than thirty days from 
the time of receiving such petition, hold a joint meet¬ 
ing, for the purpose of declaring whether such petition 



APPENDIX. 


215 


shall be granted, and take such further action as the 
case may require. 

Sec. 2. Each township shall bear such part of the 
expense of establishing such joint district school as the 
number of children of school age residing in each 
township, and attaching themselves to said new district 
at the time of the formation, bears to the whole number 
of children of school age who are attached to said dis¬ 
trict at its formation; and each township shall assume 
its share of the debt so incurred. But when said school 
shall be established, it shall be supported by the town¬ 
ships in which it is established, in the manner already 
prescribed by law. 

[1877, p. 126. In force March 7, 1877.] 

Section 1. Whenever any person shall give or be¬ 
queath unto Trustees any sum of money exceeding five 
thousand dollars, for the purpose of erecting a public 
school-building or seminary in any unincorporated 
town in this State, and upon the express or implied con¬ 
dition contained in said bequest that an amount equal 
thereto shall be raised by the citizens of said town or 
township for a like purpose, the Township Trustee of 
said township in which said town is situated shall, upon 
the petition of a majority of the legal voters of said 
township, be authorized to prepare, issue and sell the 
bonds of said township, to secure a loan not exceeding 
fifteen thousand dollars, in anticipation of the revenue 
for special school purposes, for the purpose of comply¬ 
ing with the condition annexed to snch gift or devise— 
said bonds to bear a rate of interest not exceeding seven 
per cent, per annum, payable at such time, within seven 
years from date, as such Trustee may determine: Pro¬ 
vided, That until all the bonds of any one issue shall 


216 


MISCELLANEOUS. 


have been redeemed, such Township Trustee shall not 
be authorized to make another issue, nor shall any such 
bonds be sold at a less rate than ninety-five cents on 
the dollar. 

Sec. 1. The County Board has no power to appropriate money out of 
the general fund of the county, to build a school house. Rothrock v. Carr, 
55 Ind. 334. 

Sec. 2. The whole number of votes cast for candi¬ 
dates for Congress at the last preceding congressional 
election in the township shall be deemed to be the 
whole number of .legal voters of such township, a 
majority of whose names shall be signed to the petition 
presented to such Township Trustee; to which petition 
shall be attached the affidavit or affidavits, as such 
Trustee may deem necessary, of a competent and 
credible person or persons that the signatures of all the 
names to said petition are genuine, and that the persons 
whose names are thereto signed are, as he believes, 
legal voters of such township. 

Sec. 3. The Township Trustee shall record such 
petition, together with the names attached, in the 
record book of his township, and carefully file away 
and preserve said petition, and shall enter in such 
record a statement of the time when such petition was 
filed; and if said Trustee shall then be satisfied that 
said petition contains the names of a majority of the 
legal voters of said township, he shall then prepare, 
issue, and sell bonds to the amount petitioned for in 
such petition, as provided in section one of this act, 
and shall accurately keep a record of all proceedings 
in and about the issue and sale of such bonds, to 
whom, and for what amount sold, the rate of interest 
they bear, and the time when they become due. 




APPENDIX. 


217 


[1881, S., p. 592. In force April 16, 1881.] 

Section 1 . Whenever, in the opinion of Trustees of 
School Corporations or of the Township Trustee of 
any township in this State, it shall he considered neces¬ 
sary to purchase any real estate on which to build a 
school house, or for any other purpose connected there¬ 
with, such Township Trustee or School Trustees, or a 
majority of them, may file a petition in the Circuit 
Court of said county, asking for the appointment of 
appraisers to appraise and assess the value of said real 
estate. 

Sec. 2. Upon said petition being filed (the owner or 
owners of said real estate having had ten days’ notice 
of the pendency thereof,) the court shall appoint three 
freeholders, resident in said school corporation or said 
township where said real estate is situate, to appraise 
and assess the value thereof. 

Sec. 3. Said appraisers, before making said assess¬ 
ment and appraisement, shall take an oath before the 
Clerk of said court to make a fair, true, and honest 
appraisement of said real estate; and shall then pro¬ 
ceed to examine said real estate, hear such evidence as 
they may consider necessary, and make report of their 
appraisement within five days after their appointment. 
Upon said report being filed, the owner or owners of 
said real estate may except to the same for any cause, 
and a trial thereon may be had in said court. When 
the value of said real estate is finally determined in 
said court, the Township Trustees or School Trustees 
may pay to the Clerk of said court, for the use of the 
owner of said real estate, the amount so determined, 
and, upon payment thereof, the title to said real estate 
shall vest in said school corporation for said purposes. 


218 


MISCELLANEOUS. 


COUNTY AND TOWNSHIP INSTITUTES. 

[1873, p. 75. In force March 8, 1873.] 

Section 9. At least one Saturday in eacli month 
during which the public schools may he in progress 
shall be devoted to township institutes, or model 
schools for the improvement of the teachers; and two 
Saturdays may he appropriated, at the discretion of the 
Township Trustee of any township. Such institute 
shall be presided over by a teacher or other person 
designated by the Trustee of the township. The 
Township Trustee shall specify, in a written contract 
with each teacher, that such teacher shall attend the 
full session of each institute contemplated herein or 
forfeit one day’s wages for* every day’s absence there¬ 
from, unless such absence shall be occasioned by sick¬ 
ness. 

[1865, p. 3. In force May 6, 1865.] 

Section 159. In order to the encouragement of 
teachers’ institutes, the County Auditors of the several 
counties of this State shall, whenever the County 
Superintendent of such county shall tile with said 
Auditor his official statement, showing that there has 
been held, for tive days, a teachers’ institute in said 
county, with an average attendance of twenty-five 
teachers, or of persons preparing to become such, draw 
his warrant on the County Treasurer, in favor of said 
County Superintendent, for thirty-tive dollars; and in 
case there should be an average attendance of forty 
teachers, or persons preparing to become such, then 
the said County Auditor shall draw his warrant on the 
Treasurer for fifty dollars, for the purpose of defraying 
the expenses of said institute: Provided , however , That 
but one of said payments be made in the same year. 


APPENDIX. 


219 


Sec. 160. When any such institute is in session, the 
common schools of the county in which said institute 
shall be held shall be closed. 

Sec. 161. The several County Superintendents are 
hereby required, as a part of their duty, to hold, or 
cause to be held, such teachers’ institutes at least once 
in each year in their respective counties. 


i 






IILTIDIEIX. 


/ 


.A.. 

ABLB BODIED to be charged with poll tax. 

ACKNOWLEDGMENT of Trustee’s bond... 

AFFIRMATION OR OATII of office. 

ALTERATION in township boundaries, how made. 

ANNUAL REPORT of poor. 

ANNUAL SETTLEMENT with Commissioners. 

Must be verified. 

Shall be itemized... 

Compensation of Trustee allowed. 

ANNUAL REPORT of school revenue. 

Shall show receipts and disbursements. 

Shall be made in October. 

What report shall show.. 

Shall contain account current. 

Shall bo audited by County Board. 

Copy of filed with County Superintendent. 

ANTICIPATION of local tuition tax. 

APPEAL from dismissal of teacher. 

No appeal from Town Trustees. 

Of poor to Board of County Commissioners. 

From decision of Justices, by Township Trustees. 

From Trustee, locating school house. 

APPENDIX. 

APPLIANCES, apparatus, etc., for schools. 

APPOINTMENT of Trustees. 

By Board of County Commissioners. 

By County Auditor... 

Of County Superintendent. 

APPORTIONMENT of school revenue. 

June apportionment. 

APPRAISEMENT of Congressional Township lands. 

How and by whom made. 

APPRAISERS of lands for school purposes. 

ATTACHMENT for school purposes. 

How made. 

When made. 

When can not be made. 

AUDITOR may fill vacancy in office of Township Trustee 

How may fill vacancy. 

Shall describe township boundaries. 

Shall extend tax on property of transferred persons 
Shall extend road tax. 


Vage. 
... 17 
... 7 

7 

... 10 
... 32 
... 84 
... 84 
... 84 
... 84 


85 

85 

85 

86 
87 
87 
42 

59 

60 

30 

31 

45 
119 

46 
8 
8 
8 

35 

54 

93 

73 

73 

217 

51 

51 

51 

56 

8 

9 

9 

5 

1 















































( 


\ 


222 INDEX. 

Page. 

AWARD in cases of reclamation of wet lands. 25 

Shall be recorded in township record. 25 

Shall be filed and preserved by Trustee. 25 

2B. 

BALLOT BOXES, how furnished. 15 

Trustee custodian of. 24 

BIDS for keeping poor. 26 

Work on highways. 103 

BLIND, exempt from road tax. 17, 98 

BOARD OF COMMISSIONERS, settlement with. 14 

Auditing Township Superintendent’s report. 102 

BOARD OF EDUCATION.See county board of. 

BOND OF TOWNSHIP TRUSTEE. 7 

Shall have two freehold sureties. 7 

Penalty of.. 7 

Shall be acknowledged. 7 

Shall be approved by county auditor... 7 

Approval to be in writing. 7 

On re-election shall give new... 9 

Liability on. 13 

BOND of Township Superintendent. 97 

Of Road Master. 100 

BOND of bidder for work on highway. 100 

BONDS, township, how issued. 76 

Interest on, rate of. 76 

Purpose of. 75 

How petitioned for. 216 

For cities and towns. 77 

Levy to pay bonds... 207 

Transferred persons taxed for. 78 

Bond when donation is made. 215 

BOOKS OF TOWNSHIP. 11 

Public records. 11 

Shall be delivered to successor. 12 

How provided. 82 

How kept. 83 

Commissioners may examine. 83 

County Superintendent to examine. 83 

BOOK, poor. 28 

How kept. 28 

BUILDING OF SCHOOL HOUSES. 43 

In towns and cities. 44 

BRIBERY OF TOWNSHIP TRUSTEE . 95 

Road Master and Superintendent. 196 

Employe. 107 


C. 


CARE OF SCHOOL PROPERTY. 47 

Duty of Trustee as to. 47 

Teacher, janitor and director. 47 

Janitor and director.*. $5 



















































INDEX. 


223 


Page. 

CERTIFICATE of election of Trustee... 7 

Of appointment of Trustee. 9 

Record of appointment. 9 

CHANGE OF LOCATION of school house. 45 

Who may make.:. 45 

Appeal from to County Superintendent. 45 

Injunction in. 46 

CHILDREN, enumeration of. 50 

White and colored in separate lists. 50 

Apes of.. 50 

Parents and guardians. 50 

CHRISTMAS, a legal holiday. 67 

CIRCUIT COURT appoints appraisers of real estate. 217 

CITIZENS OF INCORPORATED TOWNS exempt from road tax. 18 

CITIES AND TOWNS. 194 

CIVIL TOWNSHIP, how laid off. 9 

Boundaries, how defined... 10 

CIVIL TRUSTEE, can not levy special school tax. 40 

Can levy local tuition tax. 42 

Of towns, etc., must be consulted when. 46 

COMPENSATION, of Trustee. 14 

Of Trustee per diem. 84 

How paid. 84 

As overseer of poor. 84 

Township Superintendent. 102 

Road Master. 101 

COMMUTATION ROAD TAX. 17 

CONGRESSIONAL SCHOOL LAND. 10 

Belongs to township.,... 10 

Township, private corporation. 10 

Township, how enumerated. 52 

When in more than one civil township... 52 

W hen in more than one county. 52 

Sale of. 70 

Trustee’s record touching sale. 71 

Division of land in parcels. 73 

Report of division to Auditor. 74 

Revenue from, purpose of. 74 

Who handles revenue. 74 

Revenue belongs to township. 75 

COUNTY INSTITUTE, statutory provision for. 218 

CONSTABLES’ DUTIES in killing dogs. 21 

Trustee shall order dogs killed. 21 

Compensation of Trustee . 21 

Compensation of Constable. 21 

CONTRACTS may be made by township. 10 

With teachers. 47 

With road master. 101 

With employes on highways. 108 

With teacher must be in writing. 64 

Should be of record. 64 

School law part of. 64 < 






















































224 


INDEX. 


CONTRACTS—Continued. Page. 

Form of..*. 64 

Shall bind teacher to take care of property. 65 

To attend township institute. 06 

For building school house. 44 

For road work.'•. 104 

CORPORATION, township to be. 10 

Municipal, civil . 37 

School. 37 

COUNTY HOARD OF EDUCATION. 81 

Who constitutes . 81 

Meets when. 81 

Meets where. 35 

Who presides over. 82 

Shall keep record. 82 

COUNTY SUPERINTENDENT. 3-5 

How elected. 35 

Vacancies in office of, how filled....... 336 

Majority of Trustees must be present.*... 37 

President of County Board of Education. 82 

Shall keep record. 82 

May hear a ppeals. 45 


ID- 

DEAF PERSONS exempt from road tax.17,98 

How exempted. 95 

DEED of school site... 44 

To whom made. 44 

To school site...49,112 

DEFALCATION of Trustee. 18 

DEBTS may be incurred, how. 34 

DESIGNATED day for township business. 34 

Notice of, how given. 34 

Entry of township record for same.*. 34 

DIRECTOR, how elected. 45 

How appointed. 45 

Shall preside at school meetings. 211 

Shall take charge of school property. 47 

Shall make temporary repairs. 68 

Shall take care of apparatus. 70 

DISBURSEMENT of funds. 12 

DISTRICT, school. .:. 48 

Voters of. 48 

How formed, boundary of. 50 

DISMISSAL of teacher. 59 

Must be for cause. v .. 59 

Form of petition for. 59 

DITCHES AND DRAINS, in repairing roads. 15 

Reclaiming wet lands. 25 

Record entry, in. 25 

DOG TAGS, how tagged. If 

How described, of record. If 

























































INDEX. 


225 


DOG TAGS—Continued. 

Lost tags, how supplied. 

Lost tags, proof of. 

Form of application for new tag. 

Entry of application. 

Untagged, may be killed. 

DOG TAX, law repealed. 

Trustee collects dog tax. 

Fund, how raised. 

How disbursed. 

Consolidated with old fund. 

Excess of S50 transferred to school fund 

DOMICILE of children. 

DOORS of school houses, how hung. 

DUMB, exempt from road tax. 

DUTIES OF TOWNSHIP TRUSTEE. 


Page. 
... 19 
... 20 
... 20 
... 20 
... 21 
.... 19 
... 19 
... 21 
... 22 
.... 22 


51 

91 

17 

9 


E. 

EDUCATIONAL APPLIANCES. 47 

ELECTION of Township Trustee. 7 

Of County Superintendent. 35 

Of Township Superintendent. 97 

Of township officers. 7 

Expenses of.. 15 

Meals furnished. 15 

Meals paid by county.7.. 15 

When more than one precinct. 24 

ELIGIBILITY TO OFFICE . 9 

Of judge of election. 23 

Who not . 23 

EMBEZZLEMENT OF FUNDS... 14 

EMPLOYMENT OF TEACHER (See Teacher) . 57 

ENUMERATION of children. 50 

When made.208, 50 

List of parents and guardians. 50 

Number of children. 50 

Who excluded. 51 

Attachment for school purposes. £1 

Report of.-...211, 52 

Of congressional township.211,52 

Penalty for failure. 53 

EMINENT DOMAIN, how right of exercised. 217 

ENGINEER OF ROADS, etc...:. 99 

EXEMPTION FROM ROAD TAX. 17 

Citizens of towns and cities. IS 

How exempted. 98 

EXAMINATION OF TEACHERS. 63 

EXPENSE OF COUNTY INSTITUTES, how paid. 218 

EXTRAORDINARY ROAD WORK. 99 


i5 
















































226 


INDEX. 


Page. 

FORMS—Oath of office, Township Trustee. 8 

Of application for duplicate dog tag. 20 

Of record entry in ... 20 

Of record entry, to improve drain... 25 

Of quarterly report of poor. 29 

Expense of poor, report of. 31 

Of verification of report. 32 

Annual report of poor. 32 

Notice of transfers for school purposes...- 54 

Notice of petition to dismiss teacher. 60 

Of order, in. 60 

Of certificate to County Superintendent. 62 

Superintendent report on appeal. 62 

Teacher’s contract. 64 

For sale of congressional school land. 71 

Notice of. 72 

Petition for bonds. 76 

Appointment of Road Master.;... 110 

Acceptance of appointment.110 

FORMS—Oath of Road Master. 110 

Road Master’s order. Ill 

Deed to township. 112 

Deed by township. 113 

Notice of levy of special school tax. 113 

Request to levy local tuition tax. 114- 

Levy of local tuition tax. 114 

FOURTH OF JULY, legal holiday. 67 

FUEL, how provided, for schools. 47 

By whom provided. 47 

FUNDS, township (See township funds).*•. 12 

Must be kept separate. 13 

Trustee owner of funds in his hands. 14 

Trustee may loan. 14 

Interest belongs to Trustee. 14 

Application of. 14 

FURNITURE for schools. 46 

Must be suitable. 46 


GK 

GRADED SCHOOLS, township. 89 

Trustee may establish.. 89 

Duty of Trustee respecting. 89 

Necessity for, shown. 90 

How provided for. 90 

Joint, how formed. 90 

How supported. 91 

GUARDIANS, list of, in enumeration. 50 

GUIDE POSTS. 105 


















































INDEX. 


227 


ZEX. 


Page. 

HEADS OF FAMILIES enumerated. 50 

Attachment for school purposes. 56 

HIGHWAYS, Superintendent of. 97 

How repaired. 97 

How located. 97 

Width of. 97 

HOLIDAYS, legal. 67 

HOUSES, schools (See school houses). 43 


X. 

IDIOTS, exempt from road tax. 

How exempted. 

INCORPORATED TOWNS, exempt from road tax 

School corporation. 

INCORPORATION, township. 

Civil and school .. 

INELIGIBILITY of election board. 

INCURRING DEBTS, by Township Trustee. 

INJUNCTION, to prohibit Trusteo.. 

INSANE, exempt from road tax. 

How exempted. 

INSPECTOR OF ELECTIONS. 

Per diem of. 

Mileage of Board of Canvassers. 

Duties of Inspector. 

Opening polls.;. 

Selection of Judges. 

INSTITUTES, not required in cities and towns. 

Township teachers shall attend. 

Trustee shall hold. 

Statutory provisions for. 

INTEREST ON BONDS, township. 

For cities and towns. 

INTRODUCTION. 


17 

98 

98 

10 

9 

9 

23 

34 

46 

17 

98 

15 

15 

15 

23 

23 

23 

67 

64 

67 

217 

76 

77 
3 


J. 

JANITOR, care of school property. 4 

Necessity for. 68 

Economy of employing. 68 

In cities and towns. 68 

In township schools. 68 

JOINT GRADED SCHOOLS. 98 

Statutory provisions for. 199 

JOINT SCHOOL districts and houses. 80 

How provided for. 80 

Petition to establish. 80 

Who shall hear petition. 80 

Meeting of several trustees. 80 

Expense of, how borne. 81 















































228 


[NDEX. 


JOINT SCHOOLS—Continued. Page. 

Who controls.•. 81 

Graded schools of several townships. 214 

JUSTICES’ DUTIES respecting poor. v . 30 

Shall ascertain settlement of, when. 30 

Appeals from decision. 31 

TL,- 

LANDS—Wet, reclamation of. 15 

Expenses of, how paid. 15 

Congressional school. 70 

Leasing of.,.•.. 70 

Sale of.. 71 

LAWYER may be employed, when. 15 

LEGAL HOLIDAYS. 67 

Schools closed on. , 3 .... 67 

Teacher draws pay for. 67 

LEVY of township tax.....-. 16 

Library tax. 16 

Commutation road tax. 16 

Local tuition tax.42 

How levied. 113 

Special school tax.37, 43 

To pay outstanding debts . 206 

LIABILITY OF TRUSTEE on bond. 13 

For failure to pay claims. 14 

For failure to accept office.'94, 202 

Discharge duty.94, 202 

To make report. 95 

To statistical report.201 

For fraud. ; ... 95 

May be removed ... ; . 203 

For bribery in office. 95 

For intoxication. 95 

LIABILITY OF TOWNSHIP SUPERINTENDENT. 106 

On his bond...:. 106 

For bribery. 106 

For intoxication.•. 106 

LIBRARY TAX, levy of.. 16 

LICENSE OF SCHOOL TEACHER. 63 

Not evidence of qualification . 63 

LICENSED TEACHERS, may be employed. 58 

Revocation of license, effect of.. 58 

LOCAL TUITION TAX.42,55 

Purpose of. 205 

May be anticipated. 42 

Application of. 43 

Must be extended on county duplicate. 43 

On transferred persons. 11 

LOCATING SCHOOL HOUSES. 43 

What to be considered. 44 

Appeals from decision of Trustee. 45 

Right of appeal discussed. 46 






















































INDEX. 229 

IVT. 

Page. 

MEALS furnished Election Board. 15 

MEETINGS—School-. 45 

Power of. 45 

Respecting school houses. 45 

Respecting school teachers. 58 

Who may hold. 92 

Called meetings. 92 

May determine when school shall be taught . 116 

MONEY in Trustees’ hands, property in. 13 

How must be kept. 13 

May be loaned.14,120 

Interest on, belongs to Trustee. 14 

Application of... 14 

Embezzlement of. 14 


INT. 

NAME OF TOWNSHIP. 10 

NAMES OF PARENTS AND GUARDIANS.:. 50 

List of enumeration. 50 

NEW BOND GIVEN, on re-election... 9 

NEW TOWNSHIP, how bounded. 10 

NEW YEARS DAY, a legal holiday. 67 

NOTICE TO TEACHER of petition to dismiss. 60 

Form of. 60 

Of sale of Congressional-School Land. 72 

Of transfer for school purposes. 54 

Of school meetings. 71 

NOXIOUS WEEDS on roadsides. 99 

NUMBER OF CHILDREN of school age. 50 

How listed. 50 

How listed, as basis of apportioifment... 52 

White and colored listed separately. 50 

O. 

OATH OF OFFICE, Township Trustee. 7 

Must be in writing. 7 

Shall be signed by Trustee.'. 8 

Shall be certified by officer administering. 8 

Shall be filed with County Auditor. 8 

Form of oath. 8 

Of election board ..*. 23 

Who may administer. 23 

Of Road Master.Ill 

Form of Road Master’s official oath.. Ill 

OBSTRUCTIONS OF DITCHES AND DRAINS. 25 

How r removed. 25 

OPENING NEW ROAD.. 105 

ORDER for incurring debts. 34 

Appointing appraisers of repairs of drains. 25 
















































230 


INDEX. 


ORDERS—Continued. Page . 

Dismissing teacher. 59 

Of Road Master on Township Superintendent. 109 

ORDINARY ROAD WORK defined. 99 

When shall be done. 99 

ORGANIZATION OF SCHOOLS. 47 

OVERSEER OF POOR. 84 

Duties of Trustee as. 84 

Compensation of Trustee as (See Poor). 15 

OUTGOING TRUSTEES, report of.. 8a 

I 3 . 

PER DIEM OF TRUSTEE. 14 

How allowed. 14 

How paid. 15 

As overseer of the poor. 15 

As inspector of elections. 24 

For returning elections. 24 

PETITION to have land appraised for school purposes. 217 

PHYSICALLY INFIRM PERSONS exempt from road tax. 17 

How exempted.•. 17 

PHYSICIAN FOR POOR, Trustee may employ. 29 

Shall contract with. 29 

Shall make entry of in poor book. 2a 

POLITICAL PARTIES on Board of Election. 23 

School officers. ; . 35 

Meetings in school houses. 48 

POLL TAX, for special school purposes... 37 

For local tuition purposes.,. 42 

For township purposes. 15 

For road purposes. 17 

POOR, relief of. t. . 25 

The law governing, changed. 25 

Trustee of township, overseer of-. 26 

Where there is no poor asylum. 26 

Settlement of poor persons. 26 

Per diem of Trustee as overseer of.. 16 

Report in June, each year.V. 116 

POOR-BOOK, how kept. 28 

What shall contain. 28 

Names of paupers must be kept.. 28 

Shall show contract, for relief of poor. 28 

Shall show cost of each pauper. 28 

May, if mistreated, appeal to board. 30 

Having no settlement. 30 

Persons likely to become County charge. 30 

Trustee’s duties, when. 30 

Temporary aid, when proper. 31 

On death of-. 31 

Appeals from Justices, concerning. 30 

Effect of appeal. 31 























































INDEX. 


231 


4 Page. 

PROPERTY OF TOWNSHIP, for road purposes. 101 

Township Superintendent custodian of.101 

Shall make scdiedule of.. 101 

School houses and apparatus. 43 

Care of, by Township Trustee. 47 

By director...... 70 

By janitor.-. 54 

By teacher •••. 47 

Ilis contract for care of.. 65 

PROPERTY subject to school tax. 203 

PUBLIC RECORD, township books are.'.. 11 

Subject to inspection. 11 

PUPIL may be expelled from school..212 

Gi. 

QUALIFICATION OF TRUSTEE. 7 

Form of oath. 8 

Of successor, meaning of term. 9 

When shall qualify. . 9 

As inspector of elections. 23 

Pt. 

RECORD to be kept by Trustees. 11 

Must be kept....,. 11 

Is public property. 11 

Trustee can speak only by.'.. 11 

Books for, how provided. 11 

Subject to inspection at all times. 116 

Shall go to successor in office. 12 

To be kept of proceeding of board of education. 32 

Action of board of education worthless, unless. 32 

RE-ELECTION OF TRUSTEE. 9 

Must give new bond. 9 

Must make final report. 88 

Must file vouchers with report. 88 

REIMBURSEMENT OF FUNDS. 13 

Necessity for, when.:. 13 

RELIEF OF POOR, (See poor). 26 

REMOVAL OF PAUPERS from County. 30 

Duties of Justices respecting.-. 31 

Appeal from Justice’s findings in. 31 

REPAIRING HIGHWAYS, material for. 15 

How paid for.;. 15 

By whom made. 97 

On Township lines. 98 

Ordinary. 99 

Extraordinary. 99 

Of school houses and furniture. 47 

Trustee’s duty in.^. 48 

Director’s duty. 53 

Temporary. 58 

How paid for. 37 



















































REPORT OF RELIEF of poor. 

Of expenses of poor. 

Annual of poor. 

Of enumeration of children . 

When made. 

To whom made. 

Must be verified. 

What must show.. 

Of Congressional Township. 

To what County Superintendent 

Penalty for failing to make. 

Of transfers for school purposes. 

Necessity for. 

Auditor’s duty in. 

Of financial condition of Township. 

Blanks for. 

Instruction for. 

Must be verified. 

Annual of account current. 

Supported by vouchers. 

Of each fund separately. 

To County Superintendent. 

Final, with vouchers. 

Of outgoing Trustees. 

Of statistics. 

Must be recorded. 

Of Teacher to Trustee. 

RE VOCAL OF TEACHER’S LICENSE. 

Effect of-. 

Trustee shall employ another. 

Shall require report. 

Teacher to be paid to date. 

ROAD TAX, how levied, commutation. 

Poll. 

ROADS, how repaired. 

By whom repaired. 

On township lines . 

How work on divided....*. 

On State lines. 

ROAD MASTER, appointment of.. 

Duty of. 

Bond of. 

Employs laborers. 

Is responsible to Superintendent. 

May be discharged, how. 

Salary of. 

Shall obey Superintendent. 

Duties of, defined. 

Oath of. 

Shall keep time of employes. 

May discharge employe. 

Shall settle with Superintendent. 

Is agent of Superintendent. 


Page. 

. 29 

. 31 

. 32 

. 52 

... 211 

. 52 

. 52 

. 52 

.52, 210 

. 53 

. 53 

. 54 

. 55 

. 55 

. 82 

. 83 

. 83 

. 84 

. 84 

. 84 

... 84 

. 87 

. 88 

. 88 

.88, 201 

. 88 

. 200 

. 58 

. 58 

. 58 

. 58 

. 58 

. 17 

. 17 

. 15 

. 9T 

. 98 

. 98 

. 98 

. 100 

.-.. 100 

. 108 

. 108 

. 100 

... 100 

. 101 

.'•. 103 

.108 

. 108 

.109, lit 

. 100 

. 112 

. 100 




























































INDEX. 


233 

Page. 


RESPONSIBILITY OF TRUSTEE. 13 

On official bond. 94 

For school property. 47 


S. 

SALARY" of Trustee. 

Janitor.. 

Road Master. 

Township Superintendent. 

Teacher. 

SALE of congressional school land. 

When may be sold. 

Why should sell . 

Convey of. 

School houses. 

SCHOOL HOUSES, building of. 

Statutory provision for. 

Location of.. 

Care of. 

Use of for private schools. 

For political meeting. 

Money for building of. 

How levied... 

By whom levied .. 

By whom disbursed. 

SCHOOL shall be closed during county institute 

SCHOOL REVENUE for tuition. 

How and when apportioned. 

When expended . 

Local tuition. 

IIow expended.,.i. 

Not apportioned... 

SCHOOL MEETINGS, how held. 

Who may hold... 

Power of .... 

How may be called. 

SCHOOL PROPERTY, care of.. 

Teacher bound to take care of. 

SCHOOL TOWNSHIP, distinct from civil. 

How formed. 

How named. 

Trustee of.. 

Boundaries of.. 

Effect of transfers. 

SCHOOL TRUSTEE of township. 

How and when elected. 

Duties of. 

Shall employ Teacher. 

Elect County Superintendent. 

When elect Superintendent. 

Constitute County Board of Education. 


.... 14 
.... 68 
.... 101 

. 100 

.... 59 
. 73, 48 
.... 48 

. 48 

. 48 

.... 214 
.... 43 

. 188 

. 43 

.... 47 
.... 48 
.211, 48 
.... 38 

. 37 

.... 37 
.... 38 
.219 


93 

93 

93 

93 

94 
92 
92 
92 
92 
35 
65 

9 

10 

10 

10 

11 

11 

10 

10 

10 

198 

35 

35 

81 




















































234 


INDEX. 


SCHOOL TRUSTEE—Continued. Page. 

Meet as County Board, when. 81 

Meet where. 35 

Of towns, how elected. 194 

Vacancies, how filled. 195 

SCHOOL YEAR.93, 116 

SELECTION OF TEACHERS. 62 

Trustees duty in. 62 

IVho may be selected. 63 

SETTLEMENT with Commissioners. 15 

School Trustees. 198 

Itemized statement. 15 

Shall be verified. 15 

Concerning poor. 26 

Report of poor. 28 

SHEEP maimed or killed by dogs. 22 

How reported to Trustee. 22 

How paid for. 22 

SPECIAL SCHOOL TAX. 37 

How levied. 38 

By whom levied. 39 

For what purpose levied. . . 39 

By whom received. 196 

By whom expended. 37 

Amount levied. 39 

Additional may be levied...*. 41 

Excess of, how disposed of-. 41 

May be paid to Civil Trustees. 199 

Extended to transferred persons. 42 

How reported. 196 

SUCCESSOR, election of. 7 

Qualification of successor. 9 

SURPLUS special school revenue, how disposed of-. 199 

SUIT BY TOWNSHIP TRUSTEE, may employ counsel . 15 

SUITABLE FURNITURE for schools.. 46 

SUPERVISOR, office of abolished.~~. 11 

SUPERINTENDENT OF SCHOOLS may be employed. 199 

SUPERINTENDENT may inspect books. 11 

SURPLUS of special school revenue. 41 

T. 

TAOS for dogs. 19 

By whom furnished-'. 19 

When lost. 19 

Application for duplicate. 20 

TAX, for township purposes. 16 

Levy of. 16 

For library, levy of. 16 

Commutation road tax. 16 

Poll, for township purposes.. 16 

For road purpbses. 17 

For school purposes.203, 205 




















































INDEX. 


235 


TAX, for special school purpose. 

Levy of, by whom made. 

On poll.. 

Auditor’s duty respecting. 

Who controls revenue from. 

How disbursed. 

Upon whom levied. 

TAX, for payment of bonds. 

On property of transferred persons. 

Surplus of, how disposed of. 

TAX, local tuition. 

How levied. 

By whom levied . . 

TEACHER, how selected. 

How employed. 

Trustee selects and employs. 

School meeting can not designate . 

May veto selection. 

TEACHER must be licensed. 

License revoked, effect of. 

May be dismissed.. 

Appeals in . 

May be dismissed by Town Trustees- 

No appeal from. 

Contract of. 

Should be in writing. 

What should specify. 

Has care of school property. 

Contracts to attend Township Institute 

Shall make report. 

TERM of office of Trustee. 

May hold four years in six. 

Term two years. 

TEXT-BOOKS. 

How adopted. 

How change. 

May be changed in six years. 

THANKSGIVING DAY, legal holiday. 

Teacher draws pay for. 

TITLE FOR SCHOOL SITE. 

Shall be in school corporation. 

Trustee should investigate. 

Must be indefeasible.. 

TOWNS MAY LEVY TAX to pay bonds. 

TOWNSHIP—Bonds. 

Who may petition for. 

How issued.. 

For what purpose issued. 

Rate of interest on. 

A body corporate. 

TOWNSHIP GRADED SCHOOL..-.. 

TOWNSHIP FUNDS. 


Page. 
37, 204 
.... 37 
.... 37 
.... 204 
.... 38 
.... 38 
.... 205 
..... 78 
.... 78 
.... 79 
.... 42 
.... 42 

. 42 

.... 62 
.... 57 
.... 57 

. 58 

. 58 

. 58 

.... 58 

. 59 

.... 59 
.... 60 
.... 60 

. 64 

.... 64 
.... 64 

. 65 

.... 66 
.... 200 
.... 7 

.... 9 


81 

82 

82 

193 

67 

67 

44 

212 

44 

44 

207 

75 

216 

75 

75 

76 
193 

89 

12 






















































236 


INDEX. 


TOWNSHIP FUNDS—Continued. Page. 

What are. 12 

How kept and how disbursed. 12 

Duty of Trustee respecting. 12 

How applied.—'. 14 

TOWNSHIP INSTITUTES.,. 67 

Teacher contracts to attend. 64 

Trustee does not preside at. 67 

Trustees’ duties at. 67 

Teachers’ duties at... 67 

Teacher draws no pay for. 67 

TOWNSHIP RECORD, kept by Township Trustees. 11 

Should show every official act. 11 

Only evidence of official acts. 11 

Shall be open for inspection. 11 

TOWNSHIP may sue and be sued.....10, 193 

Civil, boundaries of. 10 

School, name of. 194 

School, boundaries of. 10 

Civil and school, distinct corporations. 125 

Congressional, how formed. 10 

TOWNSHIP TRUSTEE, how elected. 7 

Maj* execute note (See Trustee). 194 

TOWNSHIP TAX, levy of (See tax for township purposes). 16 

TRANSFERS for school purposes. 11 

When made. 210 

Rights of parties transferred.11, 39 

Liabilities of parties transferred .39, 57 

Why made. 54 

By whom made. 54 

When made. 54 

What report of should show. 54 

Notice and form of. 54 

Can not be made when. 56 

From another county. 57 

Tax on, how collected. 210 

Trustees’ duty respecting. 57 

Report of transfers. 54 

TOWNSHIP SUPERINTENDENT. 97 

How elected . 97 

Has charge of highways. 97 

Bond of. 97 

Has charge of road fund. 97 

May exempt parties from road tax. 98 

Works roads on tewnship lines. 98 

Ordinary and extraordinary road work. 99 

When shall be done. 116 

Employs engineers of roads. 99 

Appoints Road Master. 100 

Appointment made annually... 116 

Directs Road Master. 100 

Pays laborers on roads.. 100 

May discharge Road Master.*.. 100 




























































INDEX. 


237 


.TOWNSHIP SUPERINTENDENT-Continued. Page. 

Is custodian of township property. 101 

Shall make and record schedule of.. 101 

Shall settle with County Commissioners... 101 

Shall settle at June term of board... 116 

Shall present report with vouchers. 102 

Shall make complete settlement when. 117 

Liability of, for failure to report. 102 

Shall adopt rules. 102 

Shall receive bids for work. 103 

Shall take bond of bidder. 103 

Shall require second bond on contract. 103 

May sue on bond. 104 

Shall pay for road materials . 105 

May appropriate timber.. 105 

Shall erect guide posts. 105 

Shall distribute road work. 105 

May administer oaths. 105 

Can not discharge duty of Road Master. 106 

Liability to criminal prosecution. 106 

For road funds. 107 

TRL’STEE OF TOWNSHIP, civil. 11 

Duties abridged. 11 

Has no charge of road fund. 11 

Disburses township fund. 13 

May administer oaths, when....... 23 

Tags dogs, and collects fund.19,21 

May order dogs killed. 21 

Disburses dog fund. 22 

Can not employ school teacher. 140 

Transfers excess to school fund. 22 

Is Inspector of Elections. 23 

Pays expenses of elections. 15 

Duties in reclaiming wet land's . 25 

Is overseer of poor. 26 

Levies township tax. 16 

Library tax. 16 

Commutation road tax.16,116 

Chronology of duties. 115 

TRUSTEE OF SCHOOL TOWNSHIP. 10 

Who shall be. 10 

May make contract. 10 

May sue and be sued. 10 

Builds school houses. 43 

Has care of school houses. 47 

Elects County Superintendent. 35 

On first Monday in June, biennially. 115 

County Board of Education.••. 81 

Meet as, in May and September. 115 

Take enumeration. 50 

Report enumeration. 52 

Make transfers for school purposes. 54 

Levy special school tax. 37 






















































238 


INDEX. 


TRUSTEE OF SCHOOL TOWNSHIP—Continued. Page. 

Levy to be made in June..115 

Levy local tuition tax... 42 

Select teachers.... 62 

Employ teachers. 57 

May dismiss teacher. 60 

Shall hold Township Institutes. 67 

Chronology of duties of... 115 

TOWNSHIP TRUSTEE, civil township, when elected... 115 

Shall give bond and qualify.. 115 

Levy township tax . 115 

Shall make annual l’eport when. 115 

Shall record same . .. 115 

Shall fill itemized statement. 115 

May loan township funds in his hands. 122 

The money and interest belongs to him. 123 

May not contract for building of school house. 124 

Such contract, so made, void.*. 125 

The word “civil” useless. 126 

No part of township name. 126 

Suits must be brought in corporate name of township... 13 

Liability of. 94 

For failure to accept office..•. 94 

For failure to discharge duty. 94 

For failure to make report. 95 

For fraud .<. 95 

For bribery. 95 

For intoxication. 95 

On official bond. 96 

TRUSTEE OF SCHOOL TOWNSHIP make statistical report, when. 115 

Shall make report in October. 115 

Shall file copy of with Superintendent. 115 

Shall hold Township Institutes. 116 

May loan money in his hands.122 

He is not bailee of the money. 123 

May select site for school house. 128 

May be appealed from, to County Superintendent. 129 

Decision of Superintendent not final. 133 

School Trustee controls school money of Township. 138 

Should close school during County Institute. 68 

Duty of. in respect to school lands. 70 

May lease Congressional School Lands..... 71 

May sell Congressional School Lands. 71 

Liability for bribery. 95 

For intoxication.t... 95 

Liability on official bond. 96 


TJ. 


UNSAFE PRACTICE for Trustee. 13 

UTILITY of school furniture. 46 

UNOCCUPIED school houses. 48 

How may be used for other purposes. 48 


r 




















































INDEX. 


239 


Page. 

USE OF SCHOOL HOUSES for meetings.213, 48 

UNCONDITIONAL title for school sites. 49 

UPBRAIDING teacher prohibited. 212 


V. 


VACANCIES in office of Trustee. 8 

What constitutes. 9 

How filled. 9 

VERIFICATION of reports and accounts. 15 

VETO of scho-.l teacher. 58 

VOTERS OF TOWNSHIP, how determined.». 216 

VOTERS OF SCHOOL CORPORATION of district. 50 

At school meetings. 48 

Law defining legal voter, changed.-. 49 

May petition for bonds. 76 

May permit use of school house...213 


W. 


WET LANDS, reclamation. 25 

Trustees’ duties respecting. 25 

Record of Trustee, in. 25 
















































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